Supreme Court Allows Reclassifying State Highways Within Cities

The Supreme Court on Tuesday dismissed a plea challenging the denotification of state highways into municipal roads within city limits, saying there was nothing wrong with such reclassification as long as it was within city limits.

The apex court was responding to a plea filed by non-government organisation Arrive Safe Society against the Chandigarh government's decision to denotify stretches of highways to avoid the ban on sale of liquor along highways.

The highway liquor ban order only sought to target fast moving traffic along highways, the bench headed comprising Chief Justice of India JS Khehar, Justice DY Chandrachud and Justice L Nageshwar Rao observed.

In a previous hearing the court said it is not inclined to interfere with declassification of highways within city limits but told the petitioners they could try to convince the bench otherwise.

Besides, the court also rejected pleas of hotel and bar owners seeking exemption from ban on selling liquor within 500-metre range of highways. Petitions filed by hotel and bar owners from Tamil Nadu had sought exemption from the ban, saying they do not parcel liquor but only serve it in their premises. They also said their economy will collapse due to this order. The court did not accept their arguments.

Also Read: Kerala Government Relaxes 2014 Liquor Ban

The apex court on March 31 had ordered a ban on all liquor sale in the range of 500 metres from the highways. Sikkim and Meghalaya were exempted from the ban. In addition, for municipal areas with population of up to 20,000, the distance of 500 metres for the operation of the ban was reduced to 220 metres.

The National Road Safety Council – an advisory body set up by the government to help guide policy on road safety—unanimously decided in a meeting as far back as January 15, 2004 that licences for liquor shops should not be given along national highways.

Thereafter, in October 26, 2007, the central government had issued a circular to all state governments advising them to remove liquor shops situated along national highways and not issue fresh licences. The government reiterated its stance in at least two advisories in December 2011 and March 2013, citing these liquor outlets as a major cause for drunk driving and consequently, road accidents.