Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Liquor Sale |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Liquor – Sale of – In the order passed by Supreme Court on 11.7.2017, it was observed that the purpose of the directions contained in the order dated 15.12.2016 is to deal with the sale of liquor along and in the proximity of highways, which provide connectivity between cities, towns and villages – The order did not prohibit licensed establishments within municipal areas – This Court further clarified in the order that it will govern other municipal areas as well – In the subsequent order dated 13.12.2017, liberty was granted to the licence holders to submit a representation to the state government that the same principle should apply to the licensed establishments of the petitioners, as they applied to municipal areas – Having regard to these directions, the state governments would not be precluded from determining whether the principle which has been laid down by this Court in order dated 11.7.2017 should also apply to areas covered by local self-governing bodies and statutory development authorities – It is a question of fact as to whether an area covered by a local self-governing body is proximate to a municipal agglomeration or is sufficiently developed as to warrant the application of the same principle – In deciding as to whether the principle which has been set down in the order dated 11.7.2017 should be extended to a local self-governing body (or statutory development authority) the state governments would take recourse to all relevant circumstances including the nature and extent of development in the area and the object underlying the direction prohibiting the sale of liquor on national and the state highways –The use of the expression ‘municipal areas’ in order dated 11.7.2017 does not prevent the state governments from making that determination and from taking appropriate decisions consistent with the object of the orders passed by this Court – It is left open to individual licensees to submit their representations to the competent authorities in the state governments if they are so advised upon which appropriate decisions may be taken by the state governments – MAs/IAs disposed of. |
Judge | N/A |
Neutral Citation | 2018 INSC 188 |
Petitioner | The State Of Tamil Nadu Rep. By Sec. And Ors |
Respondent | K. Balu And Anr. |
SCR | [2018] 1 S.C.R. 665 |
Judgement Date | 2018-02-23 |
Case Number | 12164 |
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