AMIT JAIN Vs. STATE OF UT

JUDGEMENT

(1.) PETITIONERS, who are the residents of different Sectors of Chandigarh, have approached this Court under Article 226 of the Constitution of India, assailing the actions of respondents No.1 to 3 thereby permitting the successful bidders to run liquor vends in pre- fabricated temporary structures and tavern along with liquor vends on the Government land allotted to them on the roadside near the roundabouts and red lights in different Sectors in the city of Chandigarh. Present petition was entertained under the heading of Public Interest Litigation.

(2.) PETITIONERS' case, inter alia, is that petitioners have no direct or indirect personal motive or interest involved in the matter and the petition is being filed for the benefit of general public; Excise Department has issued liquor vend licences to the successful bidders to run liquor vend along with the tavern in a pre-fabricated temporary structures; respondent No.2-department has granted lease/licence to the successful bidders along the roadside near the roundabouts and red lights in various Sectors in the city of Chandigarh wherein liquor vends along with tavern are being run causing traffic jam, drunken brawl and wrongful parking on the roadsides; allotment of Government land to establish and run the liquor vends and tavern on the pre-fabricated structures is in total violation of Capital of Punjab (Development and Regulation) Act, 1952 and Rules made thereunder. Certain photographs of the liquor vends are also filed with the petition to demonstrate location of the liquor vends and tavern close to the red lights, haphazard parking of the vehicles on the roadside and the people urinating in the open.

(3.) THIS Court vide order dated 1.5.2012 has directed the respondents to file specific affidavit disclosing the nature of the land in respect of every area wherein land was given to the successful bidders to establish and run liquor vends in the pre-fabricated structures and tavern. Pursuant to the order dated 1.5.2012, affidavit of Anil Gupta, Superintending Engineer, Construction Circle-I, Engineering Department, U.T., Chandigarh, was placed on record specifically mentioning therein that liquor vends and tavern mentioned from Sr. No.1 to 29 in paragraph No.2 of the affidavit are over the land reserved for future expansion of the road. While land of liquor vends and tavern mentioned in paragraph No.3 of the affidavit was provided by the Engineering Department, which is beyond the slow carriage ways being built by the Engineering Department.