Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Highways - On J 5.J 2.20J 6 Supreme Court had rendered judgment in State of Tamil Nadu v. K. Balu wherein several directions were issued to obviate dangers to the lives and safety of persons using the Highways |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Highways - On 15.12.2016, Supreme Court had rendered judgment in State of Tamil Nadu v. K. Balu wherein several directions were issued to obviate dangers to the lives and safety of persons using the Highways - A Notification was issued on 21.10.2005 by Chandigarh Administration notifying major arterial roads described as V1, V2 and V3 as State Highways - By notification dated 6.3.2017, notification issued on 21.10.2005 was modified by the administration and all V1, V2 and V3 were declared as major district roads except for National Highways no.21 and Madhya Marg from Panchkula border to Mullanpur Border - The said notification was challenged unsuccessfully before High Court - Hence, Special leave petition - Held: The judgment dated 15.12.2016 addressed danger to life and safety caused by drunken driving on national and state highways and specifically dealt with the problem from the perspective of the availability of alcohol - Roads within a metropolitan city essentially provide connectivity within the city - The roads in Chandigarh categorized as V1, V2 and V3 are essentially roads within the city as highways by an administrative decision of 21.10.2005 primarily with a view to ensure their maintenance and development by availing of funds available from the Central Road Fund - The alteration in the nomenclature of certain roads, which has been carried out by the subsequent notification dated 16.3.2017, has left unaffected National Highway no 21 which passes through the city and Madhya Marg which connects the States of Haryana and Punjab- In judgment dated 15.12.2016, directions were passed to the States and Union Territories to cease from granting licences for sale of liquor along national and state highways and prohibition to extend to and include stretches of such highways which jail within the limits of municipal corporation, city, town or local authority - The directions did not prevent the Administration from re-classifying inter-sectoral roads within the city from state highways to major district roads - Therefore exercise carried out by Chandigarh Administration did not breach these directions - It was neither in violation of the terms of the order nor of the purpose and intendment behind those directions - The purpose of the directions contained in judgment dated 15.12.2016 was to deal with the sale of liquor along and in proximity of highways properly understood, which provide connectivity between cities, towns and villages - The order did not prohibit licensed establishments within municipal areas - This clarification would govern other municipal areas as well - Liquor. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2017 INSC 609 |
Petitioner | Arrive Safe Society Of Chandigarh |
Respondent | The Union Territory Of Chandigarh & Anr. |
SCR | [2017] 7 S.C.R. 369 |
Judgement Date | 2017-07-11 |
Case Number | 10243 |
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