PANAJI: The Supreme Court in a recent order has given state governments the discretion to decide on facts whether areas covered by local self-governing bodies (or statutory development authority) or areas proximate to municipal areas should be exempted from the earlier prohibition on sale of liquor within 500 metres along the highways.
Tamil Nadu and other states had filed applications before the apex court on confusion of the term ‘municipal areas’.
The point of focus of the confusion was a particular paragraph in the July 11 order that said, “The purpose of the directions contained in the order dated December 15, 2016 is 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 does not prohibit licensed establishments within municipal areas. This clarification shall govern other municipal areas as well. We have considered it appropriate to issue this clarification to set at rest any ambiguity and to obviate repeated recourse to IAs (interlocutory applications) before the court.” A SC bench consisting of Chief Justice of India Dipak Misra and Justices Amitava Roy and D Y Chandrachud said the apex court has left it to the states to take a decision after examining, whether an area covered by a local self-governing body is proximate to a municipal agglomeration or is sufficiently developed, to apply the exemption granted to municipal areas in the July 11 order.
The SC has also said that in deciding whether the principle, which has been set down in the order dated July 11, 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 state highways.