TMI Blog2015 (5) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... ravel 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 peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 166/2015 arises, was filed by the Residents Welfare Association of the colony impugning the grant of licence for vending liquor from a shop in CSC, C Block Market, East of Kailash, New Delhi and which led to the judgment dated 18th December, 2014 of dismissal of that writ petition. 4. It is the case of the petitioner in W.P.(C) No.4909/2013, (i) that the liquor vend is very close to the other shops such as mother diary, general stores etc where the small kids and women of the neighbouring area visit regularly for buying the household goods; (ii) that as per the policy of the Delhi Development Authority (DDA) and direction issued to the Excise Department, it is impermissible to open liquor vend for selling hard liquor in CSC; (iii) that the liquor vend had been opened by amalgamating two shops and which itself is illegal and of which one of the shops had been earmarked for a flour mill; (iv) that DDA also in response to the query under the Right to Information Act, 2005 (RTI Act) has stated that an opening a liquor vend of L-7 (under the Excise Rules) category is not permissible; and, (v) that the operation/running of a liquor vend is a security risk to the residents as a lot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fying that the same is not within the prohibited distance from any major educational institution or religious place and hospital with 50 beds and above; (ii) that the Excise Department, GNCTD, before issuing the licence for the said liquor vend, had also satisfied itself that the land use of the shops with respect to which the liquor vend was being issued prescribed in the documents of conveyance thereof was commercial ; (iii) that as per Rule 51(9) of the Delhi Excise Rules,2010 liquor retail licence for consumption off the premises is permitted at sites or premises located at a pucca building, the land use of which is commercially approved; ( iv) that as per the MPD - 2021 CSCs are included in the list of places where commercial activities are allowed; (v) accordingly the licence was granted; and, (vi) after receiving the complaint, clarification had been sought from the DDA and the response was awaited. 10. GNCTD and the Commissioner of Excise, NCT of Delhi in their joint counter affidavit to the writ petition from which LPA 166/2015 arises stated, (i) that the subject liquor licence at CSC, East of Kailash was issued way back in 1986-87 under the then prevailing Punjab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he liquor vend of the said Sh. Sanjeev Mittal; (b) denying that the existence of the liquor vend causes any nuisance to anyone; (c) that liquor license can be granted at a place which is commercial by nature; (d) that there is no statutory prohibition / restriction to the liquor vend in the subject premises; (e) that the amalgamation of the shop was in consonance with the policy and was not violative of the building bye-laws; and, (f) that nobody has filed any complaint of any nuisance, for the last nearly three years since when the subject liquor vend has been operating. 12. The licensee of liquor vend subject matter of LPA No.166/2015 in its counter affidavit has stated: (I) that the concerned CSC at East of Kailash had been de-notified and DDA has no authority over the administration thereof; (II) that the running of the subject liquor shop is in accordance with Section 11(1) of the Delhi Excise Act and does not violate any condition laid down in Rule 51 of the Delhi Excise Rules; (III) that it is not even clear whether the market in which the subject liquor vend is situated, is a CSC or LSC and has been described differently at different places; (IV) that in MPD- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of the MPD-2021; in fact the said decision of the Technical Committee was not even approved by the Management Action Group or the Advisory Group of the DDA; the minutes of the meeting of the Advisory Group held on 23rd August, 2013 under the Chairmanship of the Lt. Governor, Delhi indicated that the proposal to prohibit sale of liquor in a CSC was not accepted; (d) although MPD-2021 does not expressly indicate that liquor vends can be operated in a CSC, there is no specific mention that such activity is prohibited; (e) otherwise it is not disputed that retail activity is permissible in CSCs and there is no specific reason why retail of liquor should be excluded; (f) that even the Excise Act and the Rules framed thereunder do not prohibit a liquor vend in a CSC; and, (g) the decision dated 15th December, 2011 of a Single Judge of this Court in W.P.(C) No.7983/2010 (supra) pertaining to the colony of Sarita Vihar was not an adjudication and was a consent order and thus has no precedential value. Accordingly the writ petition was dismissed. 15. Before us, the counsels for the parties raised the same contentions as have been recorded hereinabove. 16. We had du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersonnel service shop. In the said table, Convenience Shopping Centre is defined as a group of shops in residential area serving a population of about 5000 persons and a Local Shopping Centre as a group of shops in a residential area serving a population of about 10000 persons with the activities permitted in both, as per Table 5.1 supra. 22. We have not found reference elsewhere in the Master Plan to the LSCs and CSCs. 23. The aforesaid would show that the only difference between a LSC and a CSC vis- -vis the activities permitted therein is, that in CSC there cannot be a commercial office of a size more than 125 sqm. and a clinical laboratory and clinic and poly clinic, guest home, coaching centre/training institutes which are permitted in a LSC. Else, the activities of retail shopping, repair, bank, ATM, restaurant are common to both. 24. Further, the definition of Retail Shop as a premise for sale of commodities directly to the consumer with necessary storage, is wide enough to take within its ambit sale of liquor directly to the consumer. 25. The only other difference between a LSC and CSC as per the MPD-2021 is of the land size over which it is constructed and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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