Kerala HC On NH Liquor Prohibition: Distance From Highway’s Outer Edge To Liquor Outlet Relevant, Not To Its Gate [Read Judgment]

With regard to prohibition of liquor outlets near the national highways, the Kerala High Court has held that the relevant distance is to be measured from the outer edge of the highway to the vending point or the liquor outlet and not to the gate of the property where such outlet is established.

The court was examining the state’s contention that for determining the 500-metre distance, a note, which provides the norms for calculating only that distance: to be measured from gate to gate, based on the shortest pathway/lane/street/road generally used by the public, is to be adhered to.

The bench observed: “Where a luxury hotel or a resort is established in 100 acres of land situated adjacent to a national or state highway. If distance is to be measured from the outer edge of the highway to the gate of the property, it would not possible to grant licence even if the shop or selling outlet is situated at the other end of the property. Similarly any access provided to the selling outlet within the property would not be a pathway/lane/ street/road generally used by the public.”

“We have no doubt that Supreme Court would not have intended such results when the directions were issued. If the parameters of Note-2 are applied to measure the 500-metre distance prescribed by the apex court, that would result in ridiculous results and therefore should not be adopted,” the bench observed.

Setting aside the contrary findings of single bench, the court held: “If the distance is measured from the edge of a highway, and if the liquor outlet or the vending point per se is beyond 500 metres, it passes the judicial muster.”