Thiruvananthapuram: In a bid to overcome the Supreme Court ruling against selling liquor within a 500 meters radius of highways, the government is considering re-assigning the highways that pass through the state. The proposal comes in the wake of favorable court order acquired by a number of other states.
Kerala is currently examining the procedures which states like Punjab had followed to re-assign highways; the state has also collected the documents of the same. Around 180 liquor shops including 100 bars can be opened in Kerala if some of the national and state highways are turned into municipal/local roads.
The alarming rate of increase in the road accidents had prompted the apex court to come out with the ban on December 15, 2016. Some states de-notified the state and national highways as local roads to overcome the Supreme Court order. When a suit was filed against this, the Supreme Court made it clear that it would not interfere with the jurisdiction of the states. The court stated that the de-notification of highways was not an issue as there would be less traffic on highways in the urban areas.
Nevertheless, the apex court added that it would look into whether the states are on a de- notification spree just to invalidate the court order. In the present state of affairs, the Kerala government expects a favorable verdict from the court even if someone files a petition against its de-notification attempt.
The course of the court order
December 15, 2016: Supreme Court orders a ban on sale of liquor and display of liquor ads within 500 meters of state or national highways, citing an increase in road accidents.
Number of liquor outlets closed in Kerala as a result of the court order: Five star bars: 11; beer and wine parlours: 619, Bevco outlets: 134; Consumerfed outlets: 19.
Around 1,956 liquor shops and outlets including toddy bars were shut down across Kerala.
Few states including Kerala argued that the Supreme Court order was applicable only to liquor shops and not beer and wine parlors.
A few highways de-notified in Chandigarh to allow liquor shops. Two expressways in Mumbai turned into urban roads.
More states including Karnataka and Tamil Nadu follow by re-assigning state and national highways.
The High Court approves bar owners’ contention that the Panavel – Kanyakumari NH66 that runs through Kerala is a district road. Following this, a few liquor outlets are opened in the state but was later shut down.
Supreme Court states that there will not be a ban on the liquor shops and bars within 500 meters of state or national highways in urban areas; and that the earlier order did not impose a complete shutdown. It also added that the states had the authority to permit the functioning of bars by avoiding the roads in the urban area from the category of highways.
Supreme Court says it will not interfere in the Chandigarh government’s proceeding which turned national highways to state highways. It reiterated that the ban order will be valid unless the state or national highways are re-assigned. The court further says that re-assigning the highways will not be an issue as there will be less traffic on these highways in the urban areas. However, the court will check whether the states are de-notifying the highways just to invalidate the order.
On July 12, 2017 the court rejects Kerala’s plea seeking three months time to enforce the order banning liquor outlets within 500 meters radius of highways. The court observed that Kerala’s plea was an expired one. Kerala had asked for the three months duration in the first week of April this year.
Kerala filed a plea seeking more time to enforce the law; while the appeal to relax the 500 meters regulation was just mentioned in the application.
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