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The Supreme Court has decided to examine a review petition against its judgment of March 20, 2023, fixing 150 meters from educational institutions and others as the benchmark for establishing wine shops.

The plea filed by the Union Territory of Puducherry as well as a liquor establishment viz. Premier Wines have contended that the judgment has caused confusion and stress to all the existing wine shop establishments with the threat of imminent closure.

A bench of Chief Justice of India D Y Chandrachud and Justice C T Ravikumar on August 17 issued notice on the review petition filed by the Union Territory of Puducherry.

The review petition has now been tagged to be heard in open court along with a special leave petition filed by another liquor shop viz Alankar Wines, which is listed on  September 15 before a bench led by the CJI. 

The main grievance of petitioners is that the judgement by Justice M R Shah (since retired) by following the K Balu's 2016 order -- fixing 500 metres as distance from national and state highways for liquor shops-- directed closure of the wine shop, while ignoring the subsequent orders passed by the Supreme Court in K Balu's case itself. 

They claimed the Supreme Court has subsequently diluted and clarified that the distance rule in a municipal area will be determined by the state government only. 

The Puducherry government claimed it had determined the distance to be 50 metres. In the case under review, the UT administration had also cleared the location of the wine shop for being within permissible limits since it was outside 50 metres. 

The review petitioners contended that the judgement was based on an error apparent on the face of the record, both on law and on facts, resulting in grave miscarriage of justice.

"This court has been misled by applying the ratio of the judgment in State of Tamil Nadu vs K Balu (2016). This court, through one of its subsequent directions in Arrive Safe Society of Chandigarh vs Union Territory of  Chandigarh & Another (2018), made it clear that the order passed in K Balu does not prohibit licensed liquor establishments within municipal areas," one of plea filed through advocate Vipin Nair said.

Case Title: Union Territory of Puducherry & Ors. Vs. Kanagachettikulam Makkal Podhunala Eyakkam & Anr