VidhiSangh

Supreme Court of India · 23/02/2018

THE STATE OF TAMIL NADU REP. BY SEC. AND ORS versus K. BALU AND ANR.

[2018] 1 S.C.R. 665 · 2018 INSC 188

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Summary

Clarifying the earlier highway-liquor orders in February 2018, the Supreme Court permitted State Governments to determine whether the principle applicable to licensed establishments in municipal areas should extend to areas under local self-governing bodies or statutory development authorities. The decision required consideration of actual development, proximity to an urban agglomeration and the object of the highway directions. Individual licensees could make representations; no automatic exemption for every such area was granted.

Issues

  1. Whether the municipal-area clarification could be applied to areas under other local bodies or statutory development authorities.
  2. Whether the applications impermissibly sought review of the earlier judgments.
  3. Who should decide the relevant factual circumstances.

Held

Result

Miscellaneous/interlocutory applications disposed of with the general clarification and liberty to make representations for factual determination by State authorities.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 665.