Giandev Gupta vs Gnct Of Delhi & Others
2009 Latest Caselaw 216 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) No. 7582/2005

                                Date of Decision: 21th January, 2009

      GIANDEV GUPTA                         ..... Petitioner.
                  Through Dr.Alok K.Sharma, Advocate.

                  versus

      G.N.C.T. OF DELHI & ORS.          ..... Respondents
                     Through Mr.Ehtesham Hashmi, advocate for
                     Mr.Saleem Ahmed for respondents 1-4.
                     Ms.Madhavi Gupta, advocate for Ms.Rani
                     Chhabra for respondent.

      CORAM:
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE SANJIV KHANNA

               O R D E R

%

Petitioner, Mr.Gyandev Gupta has challenged opening of liquor

shop at Shop no.3, Vasant Place, DDA Market, Sector VI, R.K.

Puram as against Rules and Regulations. It is also stated that the

said liquor shop is within a distance of about 40 mts. from a primary

MCD school and religious institution/temples.

2. The respondent-GNCTD in their counter affidavit have however

clarified that L-II Wending Licence for foreign liquor has been issued

under Delhi Liquor Licence (Rules), 1976 after complying with all

formalities. It is pointed out that the shop in question is located in an authorized commercial complex. It is also pointed out that the MCD

primary school is located at a distance of 56 mts and as per the Rules

a primary school is not regarded as a 'major educational institute'. It

is further stated that the religious institutions/temples are located at a

distance of 191 mts. or more. No religious institute is located within a

distance of 40 mts from the shop. As per the Rules, a religious place

should not be located within 75 mts of the shop. It is clear from the

reply that the respondent while granting licence for the shop have

ensured that the distance requirement mentioned in the Rules are

satisfied. The Rules are not questioned and challenged.

3. We do not find any merit in the present Writ Petition and the

same is dismissed.

CHIEF JUSTICE

SANJIV KHANNA, J.

JANUARY 21, 2009 P/VKR