Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Aug 23: Karnataka high court, on Tuesday August 22, poured cold water on the hopes of people operating pubs, bars and bar and restaurants on national highway passing through the city, who had questioned the action of the state excise department in not renewing their licences. The excise department had stopped renewal of licences of these units as it has to follow the Supreme Court directive that no units dealing in liquor can exist within 500 metres of national highways.

With this, the bar owners have lost their first phase of battle to retain the bars in their original positions. The petitions were filed by Siddi Enterprises on Brigade Road and several other bars and restaurants operating at Brigade Road, MG Road etc. The single judge bench of the high court presided over by Justice Vineet Kothari, which had heard the arguments of the owners and reserved the verdict, pronounced the above judgement on Tuesday August 22.

"If the state government wanted to protest bar and restaurants getting affected by Supreme Court verdict, it should have approached the central government as per National Highway Act 1956 for denotification. So far the state government has not contacted the central ministry of surface transport on this subject. If the state submits a plea to the central government supported by all the documents and evidences, it may take a suitable decision," the high court said.

The bench pointed out that the high court does not have the right to issue directions for renewal of liquor licences in view of restrictions imposed by Supreme Court in Tamil Nadu vs K Balu case. Therefore, it said, it has no other choice but dismiss the batch of petitions. "We cannot declare MG Road and Brigade Road as not part of national highways 4 and 7 just on the basis of the documents and judgements provided by petitioners. Analysis on the issue and arguments of the union government on the issue are totally different. At this phase, necessary notifications would have to be issued either under National Highways Act or National Highways Act of India section 11 of 1988, it opined.

The petiioners had argued that the central government had never notified MG Road as national highway so far and no supporting documents have been produced to this affect. They felt that therefore the state government can treat it as local road and renew liquor licence without any problem and it is not barred by law.

The bench felt that the central government is bound by Supreme Court verdict and that the petitioners are free to approach Supreme Court for necessary relief. On behalf of the state government, it was informed to the high court that the state is considering ways, means and options because of the fact that the union government has expressed its inability to convert stretches of highways as local roads. It said that it has been examining legal choices if any to handle the issue suitably.