#LiquorBan: HC refuses to renew excise license – CBD Bangalore becomes dry state

The Karnataka High Court has refused to renew the excise licenses of liquor vendors on Bangalore’s MG Road and Brigade Road (in picture), after the Centre deemed that the National Highways on which they are located cannot be denotified..A number of establishments, including popular watering holes in the city’s central business district (CBD), had assailed the Excise Department’s refusal to renew their licenses in view of the Supreme Court’s ban on liquor on roads designated as National Highways..The petitioners contended that NH-4 and NH-7, which run through the city, have been bypassed by the Ring Road constructed by the Bangalore Development Authority. However, in the absence of a Central or State Government notification, the petitioners’ licenses are not being renewed, as their establishments are technically still situated on National Highways. Senior Advocates Udaya Holla and Sajan Poovayya appeared for the petitioners..It was further contended that the National Highway Authority itself had in 2015 told the State Excise Department that the roads do not fall on National Highways anymore. However, it now seems that the Centre has changed its mind on the issue..Appearing for the state government, Additional Advocate General AS Ponnanna had earlier argued that the state had informed the Centre that they are awaiting de-notification of the CBD roads. He also submitted that the state lacks legislative competence to de-notify the roads themselves, as that duty falls upon the Centre..The Centre, represented by Additional Solicitor General Prabhuling Navadgi and Jayakar Shetty, sought time to file its response in the matter. After a few adjournments, and having received the Centre’s response, the Court had reserved judgment on August 18..The response of the central government on August 14, stated that the bypasses to NH-4 and NH-7 were not complete bypasses and denotifying the same would “tantamount to permitting isolated discontinuities in NH corridors scattered over the NH network in the state”. Hence, it refused to denotify the roads passing through the city..Justice Vineet Kothari held that the Court was not in a position to ignore the Centre’s response, as well as the Supreme Court’s directions in State of Tamil Nadu v. K Balu. The judge pointed out that the apex court ruling clearly stated that state and national highways passing through municipal/city limits are not exempt from the restriction on sale of liquor..Further, the Court shot down the petitioners’ claim that denotification of these highways vest with the state government. It noted that as per Sections 2 and 4 of the National Highways Act, the power to do the same vests with the central government..Moreover, it held:.“…there is no specific notification either issued by the state government to vest these roads in question in the public body like BBMP and therefore, their exclusion from the definition of ‘National Highway’ is not recognized de jure.”.The state government had submitted that they were exploring possible legal remedies. The petitioners are also likely to challenge the order before the division bench..Read the judgment: