Summary
In this February 2018 modification of the highway-liquor directions, the Supreme Court extended the exemption from the specified 500-metre distance requirement to Mizoram because of its peculiar topography. For Assam, the exemption was confined to Karbi Anglong, West Karbi Anglong and Dima Hasao (North Cachar Hills), identified on affidavit as hill districts. The order extended the earlier Meghalaya and Sikkim exemption rather than exempting Assam as a whole.
Issues
- Whether the topography of Mizoram justified extending the earlier distance-rule exemption.
- Which identified hill districts of Assam qualified for that exemption.
Held
- Mizoram’s peculiar topography justified extending the benefit of the order dated 31 March 2017, which exempted Meghalaya and Sikkim from the 500-metre requirement in paragraph 24(v)(iii) of the judgment dated 15 December 2016. (¶¶ 1, 2, 3)
- Assam’s affidavit identified Karbi Anglong, West Karbi Anglong and Dima Hasao (North Cachar Hills) as hill districts contiguous with the hills of Meghalaya and Nagaland. The earlier exemption was extended to those districts, and the State Government was at liberty to act accordingly. (¶¶ 4, 5)
Result
Miscellaneous/interlocutory applications disposed of. Specified distance-requirement exemption extended to Mizoram and the three identified hill districts of Assam.