Maha govt tells court it can't find own highway notification
The Maharashtra government pleader on Friday informed the Bombay High Court it cannot find the notification classifying roads as state highways and other roads. Liquor vendors have filed petitions, alleging the excise department is not renewing their liquor license by claiming they are located on highways. However, the petitioners claim the outlets are located over 500 metres away from highways.
The Bombay High Court today was informed by the Maharashtra government pleader that it cannot find the notification classifying roads as state highways and other roads. The reason Maharashtra government is looking for this notification is because a bunch of petitions have been filed by liquor vendors and restaurant owners claiming that the excise department is now not renewing their licenses to sell or serve liquor as the department claims they are located on the highways.It was in December last year that the Supreme Court in its landmark judgment of State of Tamil Nadu V/s. K. Balu and others had directed for not issuing license to liquor shops and permit rooms within distance of 500 mtrs form the national and state highways.  By the said judgment the apex court had also directed for not renewing license of existing shops and for not issuing new license for such shops after 31st March, 2017 along national and state highways. The petitioners claim that the bars, restaurants and wine shops are neither situated on a national highway nor on a state highway, but is located in by-lanes of the city, more than 500 meters from the highways.  For example, one of the petitioners is King Wines, which is located in the heart of Kolhapur city. The petitioner submits that recently, their licenses were renewed for this year on accepting requisite license fees by the district collector and superintendent of state excise in Kolhapur. However, the same authorities, after renewal, directed the wine shop owner to forthwith, stop all their business owing to Supreme Court's order.  Thus, during the last hearing on May 31st the division bench of Justice B P Colabawalla and Justice A M Badar had asked for the notification. Advocate Shrikrishna Ganbavale who is appearing for the petitioners explained, "There has to be a notification from state government that this road or that road is a national highway or a state highway. Without that the state government cannot arbitrarily close down business establishments. That is why they have been asked to show the notifications."The court has granted the state government time till Monday to get these notifications and has even asked the advocate general of Maharashtra to appear before them.