Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2017 (7) TMI 1340

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e maintenance of roads, certain internal roads which pass through the city were declared as state highways in addition to National Highway No 21 which passes through Chandigarh. The High Court observed that these roads are in fact inter-sectoral roads, connecting sectors into which the city is divided. However, even after the notification dated 16 March 2017, National Highway no 21 which passes through the city is as it is. So also is the case with Madhya Marg which passes through the city and connects Panchkula in the State of Haryana and Mullanpur in the State of Punjab. Madhya Marg continues to be a state highway. On these findings, the High Court did not find substance in the challenge and dismissed the writ petition. The purpose of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... shall extend to and include stretches of such highways which fall within the limits of a municipal corporation, city, town or local authority; (iii)The existing licences which have already been renewed prior to the date of this order shall continue until the term of the licence expires but no later than 1 April 2017; (iv)All signages and advertisements of the availability of liquor shall be prohibited and existing ones removed forthwith both on national and state highways; (v)No shop for the sale of liquor shall be (i) visible from a national or state highway; (ii) directly accessible from a national or state highway and (iii) situated within a distance of 500 metres of the outer edge of the national or state h .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... gave rise to proceedings under Article 136 of the Constitution. 4. After hearing the learned counsel appearing on behalf of the petitioner and the Additional Solicitor General for the Union Territory Administration, we dismissed the petition on 11 July, 2017 and indicated that our reasons would follow. We are accordingly indicating our reasons for dismissing the Special Leave Petition both to clarify the import of the order of this Court and to set at rest any doubt about its ambit and applicability. 5. The roads in the city of Chandigarh have been categorized from V1 to V8. The description of these roads is as follows : Type Function V-1 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or maintenance and development was vested in Chandigarh Administration. Since funds were being received from the Central Road Fund, in order to utilise these funds for the maintenance of roads, certain internal roads which pass through the city were declared as state highways in addition to National Highway No 21 which passes through Chandigarh. The High Court observed that these roads are in fact inter-sectoral roads, connecting sectors into which the city is divided. However, even after the notification dated 16 March 2017, National Highway no 21 which passes through the city is as it is. So also is the case with Madhya Marg which passes through the city and connects Panchkula in the State of Haryana and Mullanpur in the State of Punjab. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or district roads. The exercise carried out by Chandigarh Administration does not breach the directions issued by this Court. It is neither in violation of the terms of the order nor of the purpose and intendment behind those directions. 7. The purpose of the directions contained in the order dated 15 December 2016 is to deal with the sale of liquor along and in proximity of highways properly understood, which provide connectivity between cities, towns and villages. The order does not 5 prohibit licensed establishments within municipal areas. This clarification shall govern other municipal areas as well. We have considered it appropriate to issue this clarification to set at rest any ambiguity and to obviate repeated recourse to I .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates