Nihalchand and Sons wine shops situated at Sion Circle and Mazda Wines which fall within 500 meters of a state or national highway deserve to be shut as per a recent SC order, banning sale of liquor along highways.
The Bombay High Court has asked the City Collector to take a decision within four weeks on whether Nihalchand and Sons wine shops situated at Sion Circle and Mazda Wines which fall within 500 meters of a state or national highway deserve to be shut as per a recent SC order, banning sale of liquor along highways.
A division bench of Justice Shantanu Kemkar and Justice BP Colabawala while disposing of the two petitions filed by Nihalchand and sons and Cyrus Nagarwala of Mazda wines, have asked the collector to consider the representation of the shop owners and take a fresh decision.
The petition filed by Nihalchand and Sons claims that the shop has been operating since 1973, every year as per rules their licenses have been renewed. However, as per the SC order passed in December last year, the collector has issued them two notices dated March 20 and 31, informing that their licenses would not be renewed based on the basis of the SC order as their shops fall within 500 meters of the highway.
However, the petitioner argued that their shop is almost at a distance of 1,000 meters from the highway which starts from Chunabhatti under the Sion Flyover.
The plea relying on Google maps , claimed that the authorities have taken a drastic step in cancelling the license. Advocate Abhay Patki appearing for the government opposed the plea saying that the petitioners had the liberty to appeal against the order before the State Excise commissioner, which they had not used.
However, the court while disposing off the petition asked the Collector to decide afresh.
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 "Bombay High Court")
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