• Clarification required: Government Notification FD 9 PES 2022 dated 16th August 2024

Dear Respected Sir,

I am writing to seek clarification regarding the Government Notification FD 9 PES 2022 dated 16th August 2024, particularly on the road margin distance criteria for the CL-7 Liquor license.

As per the notification, if the local panchayat population, as per the 2011 Census, is less than 3,000, the proposed building must be situated 220 meters from the state highway. However, if the population is greater than 3,000, compliance with the PWD road margin guidelines is sufficient.

The point of clarification I require is in the event of a bifurcation of the local panchayat after the 2011 Census. Should the population reference for determining the road margin distance criteria be based on the original pre-bifurcation panchayat as it existed during the 2011 Census, or should we consider the population of the bifurcated panchayats as they were during the 2011 Census?

I kindly request clarification on this matter and how to seek official clarification from Government.
Asked 1 month ago in Civil Law

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5 Answers

It was held by the karnataka High court in 

Prof. G. Shainesh and Others    - APPELLANT    

Vs

The State of Karnataka and Others  -    RESPONDENT

(reported in 

(2008) 06 KAR CK 0034)


 Rule 5 Sub-rule (1) restricts the grant of licence for sale of liquor within the distance of 100 meters from any religious or educational institution or hospital or offices of the State or Central Government or local authority or residential locality where the inhabitants are predominantly belonging to Scheduled Castes or Scheduled Tribes or within 220 meters from the middle of State Highway or National Highway. Referring to Rule 5 Sub-rule (1), he submitted that the object behind Rule 5 Sub-rule (1) is to prevent the sanction of licence of sale of liquor near such places, which otherwise could be against morality, tranquility, decency, safety and against the public interest. He further referred to Rule 5 Sub-rule (3) and submitted that, for the purpose of Rule 5(3), the distance has to be measured along the nearest pathway by which the pedestrian ordinarily reaches, adopting the mid point of the entrance of the shop or midpoint of the nearest gate of the institution, hospital or office as the case may be. The distance of 100 meters as contemplated under Rule 5(1) has to be taken from the mid-point of the shop to the mid-point of the gate or the entrance of the religious or educational institution as the case may be, from where an ordinary pedestrian can reach the shop.

 

The latest amendment to this rule as per the latest census as sought by you  is not known , you may file an application to PIO under RTI act and get clarification.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

You should consider original panchayat as it existed during 2011 census 

 

you have to approach ministry of finance ( excise ) for clarification 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

So now filed a writ against the government in hc or sc they should answered it anfpd ur work done automatically 

Saksham Jain
Advocate, Hapur
11 Answers

- As per this notification , each newly formed panchayat should be evaluated based on its own population figure from the 2011 Census to determine the applicable road margin distance criteria.

- Further, if the population of the bifurcated panchayat is less than 3,000, it must comply with the 220-meter requirement from the state highway., and if the population exceeds 3,000, adherence to the PWD road margin guidelines would be sufficient.

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Dear Client,

Herein, it has been mentioned that, if the local panchayat population, with respect to 2011 census, is less than 3000, then the building must be 220 meters from the State Highway. However, if the population is more than 3000, then compliance with the PWD Road Margin Guidelines would be sufficient. In this, a clarification is sought for with respect to the point that, if the panchayat is bifurcated after the 2011 census, population may have changed, and hence which number must be taken to determine the compliance with the road margin criteria. Legally, though there has been no clear bifurcation made on the same in the Notification, until the official census has been taken post 2011, the number of 2011 census has to be used for determining the compliance of road margin. However, an official clarification may be sought for the same, from the relevant government authorities, to ensure compliance with the regulations.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

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