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SC rejects plea against highways denotification by Chandigarh

Press Trust of India  |  New Delhi 

The Supreme today gave its nod to administration's notification denotifying some to allow continued sale of from vends within 500 metres of the roads.

The apex court's refusal to set aside the notification may lead other states to denotify criss-crossing the cities to allow vends to continue operating.

A bench headed by Chief Justice J S Khehar and comprising Justices and L Nageswara Rao, while rejecting the appeal filed by an against a and High order upholding the denotification done by administration, said it will pass a detailed order.

"The Special Leave is dismissed. We will clarify whether the order passed by the High is violative of earlier order of apex court," the bench said.

The plea was filed in the High by the NGO, Arrive Safe Society of Chandigarh, challenging a notification by the administration denotifying some state and converting them into district roads to allow continued sale of liquor, despite the apex judgment.

So long the road is a highway, it is covered by the earlier order of apex irrespective of where it goes, the bench said.

"The notification said that road will be denotified within the limit of city and it does not say that the vends will be regularised," it said.

The bench, however, clarified that it will see whether the action of administration to denotify the was legitimately done or not.

"If the intention was to denotify the where vends are there, they could have extended it to all such roads where vends are located. But they have not done that and confined it to within the city areas. 15 vends are located on roads which are not denotified, they have made classifications," the apex said, adding that the vends are already governed by the rules.

The apex also dismissed interlocutory applications (IAs) of various individuals, hotels, clubs and companies and vendors' associations seeking relief from the earlier order of the apex saying these are not maintainable.

It, however, said the IAs filed by state governments will be entertained by the apex and taken up tomorrow.

The apex had on July 4 said the idea behind its verdict banning the sale of along the was that a driver should not be under the influence of at places where there is high-speed traffic.

It had in December last year had banned sale of within 500 metres of state and national across the nation from April one this year.

The NGO, in its plea, has alleged that in a bid to circumvent the order, the administration denotified the state to allow the sale of even after March 31. The High refused to quash the notification.

It was contended that by denotifying state and renaming them as major district roads, the administration had made a mockery of the Supreme order setting out the distance criteria.

On March 31, the apex had said that vends within 500 metres of national and state will have to shut down from April 1. It had exempted the hill states of Sikkim, Meghalaya and Himachal Pradesh and areas having a population of up to 20,000.

The had ordered a ban on all shops along the national as well as the state and made it clear that licences of existing shops will not be renewed after March 31.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Tue, July 11 2017. 19:29 IST