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2015 (5) TMI 438

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 .....

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the Master Plan of Delhi 2021 (MPD-2021). A Single Judge of this Court has held that there is no bar, in the MPD-2021 or even under the earlier Master Plans of Delhi or under the Delhi Excise Rules, 2010, to the existence of a liquor vend in a CSC. 2. WP(C) No. 4909/2013, though not labeled as a Public Interest Litigation but ordered to be treated as a Public Interest Litigation upon it being found that the petitioner therein does not claim any personal interest in the matter except to the extent that he is also a resident of the locality in which the liquor vend had been opened, has been filed impugning the grant of L-7 licence for retail sale of liquor from Shops No.43 and 45, CSC (Sunder Plaza Market), Pocket GH-10, Zone G-17, Paschim Vihar, Delhi. 3. WP(C) No. 8053/2012 from which LPA No. 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 .....

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seeking a direction for closure of the respective liquor vends. 7. DDA, in its counter affidavit in WP(C) No. 4909/2013 has pleaded, (i) that as per MPD-2021, there is no mention of the permissibility of liquor shops in CSCs and a liquor shop cannot exist in the CSCs; (ii) that DDA had made its such stand known in response to the writ petition with respect to the CSC of Sarita Vihar. 8. Same was the stand of the DDA in the counter affidavit in the writ petition from which LPA No. 166/2015 arises. 9. The respondent No.1 Department of Excise, GNCTD in its counter affidavit in WP(C) No. 4909/2013 has stated, (i) that the licence for the liquor vend at Sunder Plaza Market, Pachim Vihar was issued in accordance with the rules and regulations and after spot inspection and satisfying 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 comme .....

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x) that the restriction of not allowing liquor shop in CSC should not affect the licenses which were already granted prior to the time, the said restrictions became applicable. 11. The licensee of the liquor vend subject matter of W.P.(C) No.4909/2013 has also filed an affidavit pleading, (a) that the petition is motivated as the petitioner is a close relative of one Sh. Sanjeev Mittal who himself had earlier applied for a license for vending liquor from the subject premises but which request was rejected and the said Sh. Sanjeev Mittal has thereafter opened his liquor vend at a distance of about 250 meters from the subject liquor vend and the purport of the petition is to have the subject liquor vend closed, to increase the sales of the 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 .....

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a CSC could be shown; (b) the plea in the counter affidavit of the GNCTD that fresh licenses for liquor vends in CSCs were not being issued does not lead to the conclusion that liquor vends in the CSC are illegal or impermissible; (c) that the reliance placed on the minutes of the meeting of the Technical Committee of the DDA was also misplaced; the Technical Committee in the meeting held on 16th June, 2010 had decided to permit liquor vends in local shopping centres; counter arguments were raised whether the same implied rejection of the proposal to allow liquor vends in CSCs; however the same was irrelevant in as much as the decision of the Technical Committee did not translate in a review or amendment 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 mentio .....

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itutes, restaurant the activities permitted in CSC are described as retail shopping, local level service activities, repair, office up to 125 sqm., bank, ATM, informal trade, restaurant . 20. Table 5.4 thereunder, prescribing Development Controls-Commercial Centres‟ does not make any distinction between CSCs and LSCs with the same maximum coverage, FAR, height and parking standards being prescribed for both. 21. Table 5.5 thereunder, defining the activities permitted in use premises, defines retail shop as a premise for sale of commodities directly to the consumer with necessary storage and the activities permitted therein as of, retail shop, repair shop, personnel 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-à-vis the activi .....

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also perused the minutes of the 5th Technical Committee meeting of the Master Plan Section of the DDA held on 16th June, 2010 and also the minutes of the 11th meeting of the Advisory Group of the DDA held on 23rd August, 2013 under the Chairmanship of Lt. Governor, Delhi and concur with the reasoning given by the learned Single Judge with respect thereto. 29. We, from the nomenclature understand, 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 .....

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