Delhi Excise Policy: Top Court Rejects Pleas For Extension Of 2 Licence Categories

The Supreme Court Friday dismissed the pleas seeking extension of two categories of licences, which pertain to retail sale of Indian and foreign liquor in private sector in Delhi, till November 16.

While L7 licence pertains to retail vend of Indian Liquor in private sector, L10 licence related to retail sale of Indian and foreign liquor.

The top court was hearing the petitions arising out of the Delhi High Court order which had refused to pass an interim order to extend these two licences till November 16.

Earlier this week, while hearing another petition the high court had refused to stay the closure of retail vends having L7 and L10 licences under the old excise policy with effect from September 30.

A bench of Justices A M Khanwilkar and C T Ravikumar was informed by the Delhi government that the new policy has increased the revenue from about Rs 6,000 crore to Rs 10,000 crore and 408 government liquor vends are allowed to continue till November 16.

“The government is very firm about it that it has to be closed by September 30. This is the decision taken by the government,” the bench told the counsel appearing for the petitioners.

“We are not inclined to interfere. Dismissed,” the bench said.

Senior advocate Vikas Singh, appearing for one of the petitioners, said people would go to neighbouring Noida and Gurugram to buy liquor as the L7 and L10 licences have not been extended while other category of licences were extended till November 16.

He said not only it would be a loss of revenue but would also lead to crowding at government liquor shops which would violate COVID-19 protocol.

Senior advocate A M Singhvi, appearing for the Delhi government, said there are roughly 846 vends in the national capital.

He said several petitions have been filed before the Delhi High Court challenging the new excise policy.

The bench told Singhvi that the petitioners have also raised the issue of timing due to the ensuing festive time.

“It is for that reason that all government vends have been allowed to be open till November 16,” Singhvi said, adding that there is no question of crowding as strict regulations are in place.

He said the licences were extended earlier and further extension was given till September 30.

Senior advocate Siddharth Luthra, appearing for one of the petitioners, said they be allowed to continue till November 16 on payment of all requisite charges.

He said the writ petitions on issues pertaining to the excise policy are pending before the high court.

On September 29, the high court had observed that the Delhi government has the power and jurisdiction to float the New Excise Policy 2021.

The high court had refused to stay the closure of retail vends having L7 licences under the old policy with effect from September 30.

A division bench of the high court, which was dealing with an application by one such licence holder for stay on closure, said that prima facie the new mechanism did not violate any of his rights.

The application was part of the petition seeking to extend the licence in parity with other categories under the provisions of the Delhi Excise Act.

Out of 849 vends under the new policy, 260 vends have L7 and L10 licences, the high court had noted.

Several petitions are pending before the court against the New Excise Policy alleging that it is “illegal, unfair, arbitrary” and violative of the Delhi Excise Act, 2009.

The high court had earlier orally stated that the actions taken by the Delhi government pursuant to its New Excise Policy 2021 will be subject to the outcome of petitions challenging the new regime.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)