Delhi HC issues notice in plea against opening of liquor shop at Chander Nagar citing 'interest of public at large'

A Chief Justice DN Patel-led bench of the Delhi High Court today issued notice in a PIL seeking issuance of appropriate direction to the Government of NCT of Delhi to take appropriate steps for stopping the opening of liquor shop at Indra Park Extension, Chander Nagar, Delhi citing interest of public at large.

Aggrieved by the inaction of the government authorities on the representation against the opening of new liquor shop at a place which is a restricted area as per the settled law, a petition has been filed by one Rajesh Kumar.

Filed through Advocate Kamal Mehta, the petition relies on norms of the Government of Delhi, wherein a liquor shop cannot function within 100 metres of a school and any permission beyond the permissible limit envisages appropriate action against the officials.

The instant public interest litigation cites welfare of the public at large of the same locality including children who are studying in the East Delhi Municipal primary School, Government of NCT of Delhi, situated within 30 meters from the liquor shop.

The plea in this regard submits,

"...liqour shop, which is 30 meter distance from the EAST DELHI MUNICIPAL CORPORATION PRIMARY SCHOOL and within 60 meter distance from SHIV SAI DHAM SEVA TRUST ( A TEMPLE) in the locality of Indra Park Extension, Chander Nagar, Delhi and within 50 meter distance from PEEPAL MAHADEV TEMPLE in the locality of Indra Park Extension, Chander Nagar, Delhi.....which is situated within a distance of 100 meters from the liquor shop premises, as such the permission for opening of liquor shop are the violations of the terms, rule, conditions and regulations as providing under Delhi Excise Act and Rules."

It is further alleged that in the present case permission of grant of license is in violation of para 4.1.6 of Delhi Excise Policy.

The petitioner adds that a representation was submitted to the Commissioner of Excise and the concerned licencing authority on November 2, 2021 but till date no action has been taken. 

The plea further avers that the grant of permit for the liquor shop in such locality and places is against the Article 47 of the Constitution of India, 1949.

Stating that continuation of the shop will create nuisance in the locality, the PIL seeks issuance of a RULE NISI calling upon the opposite parties to show cause, and if the opposite parties fail to show cause or show insufficient cause, the said rule be made absolute.