No Beer Bars or Hookah Parlors please

Residents can oppose beer bar in area: HC

Shibu Thomas TNN

Mumbai:

The Bombay high court, in a landmark judgment, has said local residents have a right to oppose a beer bar coming up in their neigbourhood. Observing that the fundamental right to live a “decent” life and ensure the safety of
women and children cannot be sacrificed at the altar of revenue, Justice A B Chaudhari set aside the liquor licence granted to a beer bar in a predominantly residential colony in Nagpur. He also ordered that the bar be shut down by July 12.
Besides, the high court directed the state government to shell out Rs 25,000 as fine, which will be paid as compensation for the sufferings of the residents whose pleas against the bar was overruled by the state excise minister.

LIQUOR TROUBLE ‘Law & order issues not restricted to riots’
Mumbai: The Bombay high court, upholding the right of citizens to oppose the opening of a beer bar in their areas, said, “There is a fundamental right for citizens under Article 21 of the Constitution to enjoy a peaceful, dignified life without any encroachment on their privacy and to live life sans public nuisance surrounding them.”
    Justice A B Chaudhari said, “But it is most unfortunate to find in the instant case that the government, supposed to take
care of its citizens, ensure their good health and a peaceful and decent life, has placed the said fundamental right of the citizens far below the so-called right to trade in liquor by opening a bar in a purely residential area.”
    The court blasted the government for not only overriding the objections of locals and elected representatives but also overturning the decision of the police, collector and the excise commissioner not to grant a liquor licence to Hotel Shobha. The judge said the state’s view that the issue of law and order means only communal riots and other such incidents and “police report about the safety, security, health, fundamental right to life, peace, security for children, women and girls isirrelevant is destructive of the rule of law”.
    The HC was hearing a petition filed by three residents of Nagpur against the state’s decision to grant a foreign liquor licence to Hotel Shobha to operate Shobha’s Patiala Peg Bar and Restaurant in a residential area. The state contested the locus standi of the residents to challenge its decision.
    Rejecting the state’s argument, the court said under Bombay Prohibition Act, individual grievances could be considered. The state claimed locals could take recourse to the Order of 2003, where residents or woman voters can complain against a liquor shop. “The state ought to have kept in mind the doctrine of utilitarianism, namely the greatest happiness of the greatest number of people should be the guiding principle,” it said. The court, cancelling the licence, said a copy of the judgment be sent to the chief secretary “for information and action”.