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2015 (5) TMI 438 - HC - Indian LawsPermissibility of a liquor vend in a “Convenient Shopping Centre” - Held that:- on what basis DDA has taken a stand that a liquor vend though is permitted in a LSC is not permitted in a CSC. If both, LSC and CSC can be situated in the midst of a cluster of houses, whether housing 5000 or 1000 persons and naming thereof as LSC or CSC is dependent only on the area of land on which it is constructed, the problem / nuisance highlighting which both proceedings have been filed will persist, whether it is a LSC or a CSC. MPD 2021 appears to be half baked in this respect. - a CSC as a small shopping centre in the midst of the houses within the colony or a block thereof with shops therein selling items of daily need of households of perishable items and which shops ordinarily an outsider from the colony would not visit and a LSC as situated outside the residential colony, to cater to the needs of the households of consumables which may be required say once a month and also having offices, service centres like travel agents, car rentals, clinics, laboratories, banks, restaurants etc. and which will be frequented by residents of several surrounding localities and may be by others as well. In such case it could have been said that as per our culture, there ought not to be a liquor vend in a CSC. However we do not find the MPD-2021, though having the nomenclature of CSC and LSC to have made any such distinction. The draftsman of the Master Plan, after drawing the five tier system of commercial areas comprising inter alia of LSC and CSC, has provided retail shopping without any restriction on the size of the retail shop or on the commodities to be retailed therefrom, in both LSC and CSC and the only restrictions are on commercial offices of size more than 125 sq. mtrs., Clinical Laboratory, Polyclinic, Guesthouse, Coaching Centre, which activities though can exists in a LSC but not in a CSC. When there is no restriction on the commodities / items which can be retailed from a shop in a CSC, we fail to see on what basis DDA can say that retail of liquor is not permitted from therein. Not only so, restaurants have been permitted in both, LSC and CSC. Though the concerns expressed by the petitioner/appellant cannot be said to be totally unfounded but cannot be addressed on the basis of MPD-2021, pegging on which the Court has been approached. The same is the position under the Excise Act and the Rules framed thereunder. Though care has been taken therein to prohibit a liquor shop in close proximity to an educational institution, religious place etc. but there is no such limitation placed with respect to proximity to residences. - in the said state of affairs are unable to find any illegality in the grant of license for liquor vends at the subject sites. All that we can do is to direct that in accordance with the minutes of the 11th meeting of the Advisory Group of the DDA held on 23rd August, 2013, a suitable framework be formulated so as to curb the nuisance associated with consumption of liquor around CSCs in residential neighbourhood. The same be done preferably within a period of four months - Petition disposed of.
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