Mumbai: The Bombay High Court on Monday directed the secretary of the PWD and the commissioner of the excise department to consider the pleas of bars, liquor shops, permit rooms, restaurants and hotels individually to decide which of those fall within 500 metres of a highway for sale of liquor.
A Division Bench of Justice Shantanu Kemkar and Justice M.S. Sonak was hearing a bunch of petitions, challenging the notice by the excise department following the Supreme Court ruling to ban alcohol in 500 metres of the state and national highways.
The petitioners from Thane, Vasai-Virar, Pune, Kolhapur, Satara and Sangli contended that many of the shops don’t fall within the area, and that the government has included even arterial roads. The court ordered the PWD secretary to decide on this before July 5 and refused to stay the notice on implementing the apex court order.
The advocate appearing for the petitioners said there are statutes of highways which cannot be ignored and that the government cannot have a blanket order on closing down establishments.
Advocate General Ashutosh Kumbhakoni justified the move of revoking licences of bars and permit rooms. He also said there is no need to produce any notification declaring a road as highway under relevant sections of the Maharashtra Highways Act.
The court said the State has issued notices to establishments without giving them an opportunity, so each case must be heard separately.
