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Synopsis

The Delhi Court has directed to stop the sale of liquor on a shop situated in a residential building allegedly causing nuisance to the general public.

The order has been passed in a plea filed by Bindapur Residents Welfare Association through Advocate Abhimanyu Lall and Advocate Akash Bhatt stating that the liquor shop in the residential building is in close vicinity of local institutions like coaching, Mandir etc. and the residents are anguished by the opening of the liquor shop in the area.

Advocate Abhimanyu Lall submitted before the court that the residents of the area have given various representations and objection letters signed by them to civic authorities to stop the functioning of the liquor shop in the area. It was also submitted that the said liquor shop "may shake the conscience of the society and pollute the atmosphere and if the same is not prevented by grant of temporary injunction, the plaintiff shall suffer irreparable losses".

The Court in its opinion raised a question- if the residents of the area who are supposed to be the prospective buyers of the commodity opposed its existence why it was sanctioned in the first place?

It, however, observed, "The apprehension of the local residents that wine shop in the area may encourage anti-social activities like drunk driving, snatching of chain and mobile by addicts, unauthorized parking of vehicles, suspicious activities in the vehicles parked in dark places in the area along with the many other alike concerns are not unfounded."

Whereas, the counsel appearing for the shop owner submitted that the inspection of the premises was carried out by the team of SDM and Excise Inspector in compliance of rule 51 sub clause (1) of Delhi Excise Rules 2010 and in accordance with terms and conditions of grant of L-6 License, Delhi Excise Act and Rules the license was granted.

Additionally, it was contended that the suit property is situated in MUL (Multi Usage Land) category and it's duly notified by the Delhi Development Authority, and there is no such restriction placed in the conveyance deed qua the usage.

After going through the contention, the bench said that the presence of educational institutes and temple and other institutions in the area gives the balance of convenience in favour of the Residents Welfare Association (plaintiff) in the present case.

Furthermore, the court opined: "Irreparable injury would be caused to the plaintiff if the liquor shop would be allowed to run in the area which would result in pouring of the crowd at the vend and surrounding areas and give rise to various crimes and unwanted activities and can disturb the peace of the area."

The Court also noted that the area may be full of traffic haphazard parking, lots of crowd, and people with criminal tendencies may find it a place appropriate for their ventures targeting women and elderly people.

In view of the above, the court found a prima facie case, balance of convenience and irreparable injury sufficient to grant an interim injunction. Accordingly, the court directed the shop owner to stop the sale of liquor in the shop situated in a residential area until the disposal of the case.

Case Title: BINDAPUR RESIDENTS WELFARE ASSOCIATION Vs. GOVT. OF NCT DELHI AND ORS