Delhi High Court Issues Notice To Excise Department Over Grant Of License For Opening Liquor Shop In Residential Area

The Delhi High Court on Monday issued notice on a petition challenging opening of a liquor shop in a shopping complex situated near the residential block of city's Shalimar Bagh area.

The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh took note of the petitioner's submission that opening of a liquor shop in a residential area affects the movement of women and children, and issued notice to the Commissioner, Excise, Entertainment & Luxury Tax Department of Delhi Government, who has granted license for the said shop.

The petition has been filed by one Kavita Budhiraja and her husband, who run a atta chakki shop in the complex through Advocate Amar Nath Saini.

They've submitted that opening a liquor shop just in the local shopping complex surrounded by residential blocks having shops selling daily necessities occupied by ladies, children and senior citizens has created panic amongst them, compelling the local residents to stage intense protest against the respondents.

Further, it is argued that if the liquor shop is allowed to be opened, it would compel the ladies, children and senior citizens not to visit the petitioners' shop, which would affect his right to livelihood as the liquor shop is just one shop next to the petitioners' shop.

The plea highlights that the grant of license in this case is in serious violation of 4.1.6 (viii)(c), (e) & k, (ix) and (x) enshrined in Delhi Excise Policy for the year 2021-22, which inter alia provide that the licensee has to ensure that the neighbourhood should not experience any disturbance due to the vend.

The petitioner has also challenged Rule 51(1) of the Delhi Excise Rules 2019, which is merged in Rule 4.1.6 (i) of Delhi Excise Policy for the Year 2021-22, to state that retail vends can be opened in any of the markets, malls, commercial roads/areas, local shopping complexes (LSCs) etc. as long as the standard rules and regulations of opening a new vend in Delhi is followed which includes restrictions on opening vends within a specified distance of schools, religious institutions etc.

It states that the impugned provision "ignoring the children, the future of the country, have widened the scope and jurisdiction for allowing to open the liquor shops in the close vicinity of residential areas and mixed land use of residential areas near primary and play schools, is certainly going to devastate the mindset of children..."

During the course of hearing, the Bench expressed that this not the first petition of such nature and it orally asked the authority concerned to ensure that the applicable law is scrupulously followed while granting the licenses.

The matter is now posted for hearing on January 28.

Case Title: Kavita Budhiraja & Anr. v. Commissioner Excise & Ors.