[binand]

Originally Posted by drmohitg

I am quoting another member's post from page 1 who has worded his post very well in trying to explain the problems with this policy.

At that time itself I had pointed out that there is no "basic right" for anyone to consume liquor. Now, here is a judgment from the Kerala HC yesterday in which the court rules that the right to consume liquor, if such a right exists, cannot trump the directive principle of prohibition.

http://timesofindia.indiatimes.com/a...w/56649809.cms

Originally Posted by AJ-got-BHP

The question is what do we achieve with this rule coming into force ? A liquor free highway or abolishing the chances of Drink & Drive ?

It is neither. This judgment is trying to address the "alarming statistics on the occurrence of road accidents" by eliminating one of the causes: "The existence of liquor vends on national highways". In other words, the objective of this rule is to reduce availability of alcohol along the national highways (it doesn't claim to bring on liquor-free highways or DUI) and thereby reduce the number of road accidents that are attributed to drunken driving.

Therefore, its success - ie, what it has achieved - can be measured only by comparing the number of accidents on national and state highways that are attributable to drunken driving, before and after implementation.

[sdp1975]

The Karnataka government is clearly not happy with the Supreme Court’s verdict to shut liquor shops along National Highways by March. It has now decided to appeal before the Constitution bench of the SC.

Source

[gopalnayak]

Workaround already found:
https://www.telegraphindia.com/11701...p#.WITH4oVOKUk

Way to bypass bar ban found

Calcutta, Jan. 16: The Bengal government has dropped two stretches in Calcutta from the list of state highways, which is expected to take several star hotels and scores of smaller establishments out of the purview of a Supreme Court order banning liquor sales.
The court had ruled that alcohol could not be sold along highways from April 1.
A major section of the Eastern Metropolitan Bypass, address to three luxury hotels and a few proposed ones, is no longer part of State Highway 1 and 3, according to an updated list put out by the PWD.

[binand]

Originally Posted by gopalnayak

Workaround already found

I expected this, but I expected this from Karnataka. :-)

This would be fun to watch. We might suddenly have a lot less state highways. Unless the court says - once a highway, always a highway (the judgment has a problem in that it doesn't consider the fact that the national/state highway status of a road can change).

The interesting point I think is that the exemptions are all aimed at catering to high-end hotels and restaurants.

[Eddy]

For those familiar with Gurgaon, this ruling, if implemented, will hit Cyber Hub hard. Maybe sector 29 complex as well.

http://www.hindustantimes.com/gurgao...cES9OuzBN.html

[binand]

Originally Posted by Eddy

For those familiar with Gurgaon, this ruling, if implemented, will hit Cyber Hub hard. Maybe sector 29 complex as well.

http://www.hindustantimes.com/gurgao...cES9OuzBN.html

That reads like a planted story, btw - it is quite one-sided. It mentions 70 Cr revenue loss and 3.5 lakh job losses, uses choice phrases like "uncertain future", "targeted unjustifiably" etc. but is silent on whether DUI is a problem in Gurgaon or not, and if yes how this court ruling would change the situation.

[Eddy]

Not disputing the fact that Cyberhub does contribute to DUI, it's bang on the highway to Delhi. All I am saying is that this is a modern complex that almost survives on the bars etc which will have to go. And I am sure there will be a lot of people (including DLF) who will go all out to prevent this ban.

How I wish there were regular breath analyser checks for all cars coming out of the Cyberhub Parking. It will only add a couple of seconds to the time taken to pay for the parking but will be a big deterrent.

[binand]

Originally Posted by Eddy

All I am saying is that this is a modern complex that almost survives on the bars etc which will have to go.

So I'll cry tomorrow. Here in Bangalore too, the ORR stretch between Bellandur and Marathahalli has probably 35-40 places that are going to be affected.

Originally Posted by Eddy

And I am sure there will be a lot of people (including DLF) who will go all out to prevent this ban.

Yes, and it is a good thing that this judgment was from a 3-judge bench. To overturn it, they have to find a bigger bench willing to do that. The current bench has made it amply clear they wouldn't make exceptions for urban areas, malls, restaurants or any such "special cases".

[binand]

The Kerala government has gone one step ahead of WB etc. in their quest for the pinnacle of absurdity:

http://english.manoramaonline.com/ne...eme-court.html

So now in Kerala, DUI rules could also be rewritten.

[binand]

Originally Posted by Eddy

For those familiar with Gurgaon, this ruling, if implemented, will hit Cyber Hub hard.

http://www.hindustantimes.com/gurgao...cES9OuzBN.html

Originally Posted by binand

That reads like a planted story, btw - it is quite one-sided.

Just chanced upon HT's coverage of this story. I am nearly 100% convinced that this sequence of stories are plants.

• http://www.hindustantimes.com/gurgao...vwBGF324N.html
  
• http://www.hindustantimes.com/gurgao...KWGf20KPI.html
  
• http://www.hindustantimes.com/gurgao...cES9OuzBN.html
  
• http://www.hindustantimes.com/gurgao...1Sx2rHhFK.html
  
• http://www.hindustantimes.com/gurgao...71MtbwRaI.html

All bylined by the same person. Starts as:

Owners said that a revenue of Rs100 crore will be lost and more than 50,000 employees will be rendered jobless if this decision is implemented.

But that then becomes:

The closure of the 43 liquor vends could result in a loss of Rs 70.81 crore in revenue per year.

at least more than three-and-a-half lakh employees face the risk of losing jobs

[binand]

Kerala government's new move to counter the ban:

http://english.mathrubhumi.com/news/...evco-1.1766573

The Supreme Court order banning operation of liquor shops within a 500-metre radius from the national and state highways will not be applicable for bars and beer parlours [because] In bars, customers are provided facility to consume liquor. Also, restaurants are functioning in majority of them. Hence bars won’t fall under the classification of liquor outlets

This is problematic, because what the supreme court said is this:

All states and union territories shall forthwith cease and desist from granting licences for the sale of liquor along national and state highways

It does not make any distinction based on the kind of shop doing the sale. In fact, the Abkari Act of Kerala defines a sale as:

Sale or Selling:- “Sale or selling” includes any transfer including gift.

So "transfer for immediate consumption along with food" is not excluded from the definition of sale. I wonder what the AG of Kerala is smoking these days. This, along with another news that came in today - that the GoK is keen to reopen many of the bars shuttered by the previous government - shows the desperation of a bankrupt government to get alcohol sales in the state going and bringing in the usual tax windfall.

[gupta_chd]

I just heard in news that all roads in Chandigarh come under the definition of state highway and consequently, all the liquor vends, bars in the city would be illegal coming April 1 technically.

Another case of poor planning for such decisions and only the whims and fancies of judiciary like the NGT order of banning diesel cars. i highly doubt this order would be implemented in current state.

[binand]

It is not clear to me how you jump from this premise:

Originally Posted by gupta_chd

I just heard in news that all roads in Chandigarh come under the definition of state highway and consequently, all the liquor vends, bars in the city would be illegal coming April 1 technically.

To these conclusions:

Originally Posted by gupta_chd

Another case of poor planning for such decisions and only the whims and fancies of judiciary like the NGT order of banning diesel cars. i highly doubt this order would be implemented in current state.

Please elaborate.

Further, please note that the judgment in question was delivered by the Supreme Court. It has no role to play in administrative functions like planning and implementation and does not hold itself back because of administrative difficulties.

Lastly, this judgment is in no way comparable to any of the NGT's, since the latter is not a judicial body at all (so your phrase "judiciary like the NGT" contains a factual error). In particular, (state and union) governments are constitutionally required to implement the decisions of the supreme court (within the framework of article 142 of the constitution) or risk serious consequences.

[Eddy]

Attorney general Mukul Rohatgi has told the Kerala government that the Supreme Court order banning liquor vends within 500 metres of state and national highways does not apply to bars and restaurants that serve alcohol.

So the likes of cyberhub are safe.

Source - http://timesofindia.indiatimes.com/i...w/57421171.cms

[blackasta]

Originally Posted by Eddy

So the likes of cyberhub are safe.

Source - http://timesofindia.indiatimes.com/i...w/57421171.cms

IMO the opposite would have been preferred option to curb DUI (Driving under influence).

Roadside OFF Shops should have been allowed to stay open, because legally you are not allowed to drink within the mentioned radius of OFF shops, and the moment you open that cap in your car you fall under Motor vehicle laws.
So the only legal option would have been picking up alcohol and consuming it elsewhere.

But closed off shops and open bars may mean that people will get in , have a drink or two (or more!), and come out intoxicated on the road (where again they are breaking DUI law).

Simply my take on the entire thing.