HC seeks Delhi govt’s stand on plea challenging opening of liquor shop near religious place, school

Justice Yashwant Varma has asked the Delhi government and Commissioner (Excise, Entertainment and Luxury Tax) to take instruction on the petition and listed the matter for further hearing on December 3.

The petitioners, who are the residents of Jangpura-A, said that they are aggrieved by the proposed illegal opening of a wine shop in their area. However, the petitioner informed the court that the liquor shop is not completely functional at present.

The petitioners have been represented through advocates Abhay Kumar, Kumar Milind, and Shagun Ruhil.
“Though Article 47, unlike Fundamental Rights, falls under Part IV, that is, Directive Principles of State Policy, nevertheless, its importance and relevance are of prime importance,” said the petitioners, while pointing out that the proposal of the opening of the wine or beer shop at that place is against the provisions of relevant laws, rules including the Delhi Excise Policy, 2021-22.

In terms of clause 4.1.6 of the Delhi Excise Policy for the year, 2021-22 read with Rule 51(1) of the Delhi Excise Rules, 2010, no wine or beer shop is permitted to be opened within 100 metres of any major educational institutions; religious places and hospitals with fifty beds and above.

“The proposal of the opening of wine or beer shop at the above said place is taken without adhering to the aforesaid provisions of rules as there are not only more than one religious places like temple, Gurudrawa but also school and hospital. Arya Samaj Mandir with five schools is situated at 30 metres, Kanthi Mata Mandir is at the distance of 60 metres, Mai Da Gurudwara is at the distance of 90 metres, MCD hospital is at the distance of 60 metres,” read the petition.

The petitioner, henceforth, sought an order or direction from the respondents to take immediate action for closing and shifting the wine or beer shop which is proposed to be open and award costs of filing this petition to the petitioner.