LexARRIVE SAFE SOCIETY OF CHANDIGARH versus THE UNION TERRITORY OF CHANDIGARH & ANR.
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[2017] 7 S.C.R. 369 ARRNE SAFE SOCIETY OF CHANDIGARH v. THE UNION TERRITORY OF CHANDIGARH & ANR. (Special Leave Petition (C) No. 10243 of 2017) JULY 11,2017 [JAGDISH SINGH KHEHAR, CJI, DR. D.Y. CHANDRACHUD AND L. NAGESWARA RAO, JJ.t A B Highways - On J 5.J 2.20J 6, Supreme Court had rendered judgment in State of Tamil Nadu v. K. Balu wherein several directions were issued to obviate dangers to the lives and safety of persons C using the Highways - A Notification was issued on 2J.J0.2005 by Chandigarh Administration notifying major arterial roads described as VJ, V2 and V3 as State Highways - By notification dated J6.3.20J7, notification issued on 2J.J0.2005 was modified by the administration and all VJ, V2 and V3 were declared as major district D roads except for National Highways no.2J and Madhya Marg from Panchkula border to Mullanpur Border - The said notification was challenged unsuccessfully before High Court - Hence, Special leave petition - Held: The judgment dated J5.J2.2016 addressed danger to life and safety caused by drunken driving on national and state highways and specifically dealt with the problem from the perspective E of the availability of alcohol - Roads within a metropolitan city essentially provide connectivity within the city - The roads in Chandigarh categorized as VJ, V2 and V3 are essentially roads within the city as highways by an administrative decision of 21.10.2005 primarily with a view to ensure their maintenance and F development by availing of funds available from the Central Road Fund - The alteration in the nomenclature of certain roads, which has been carried out by the subsequent notification dated 16.3.2017, has left unaffected National Highway no 21 which passes through the city and Madhya Marg which connects the States of Haryana and Punjab- Jn judgment dated 15.12.2016, directions were passed G to the States and Union Territories to cease from granting licences for sale of liquor along national and state highways and prohibition to extend to and include stretches of such highways which jail within the limits of municipal corporation, city, town or local authority - The directions did not prevent the Administration from re-classifying H 369 370 SUPREME COURT REPORTS [2017] 7 S.C.R. A inter-sectoral roads within the city from state highways to major district roads - Therefore exercise carried out by Chandigarh Administration did not breach these directions - It was neither in violation of the terms of the order nor of the purpose and intendment behind those directions - The purpose of the directions contained B c in judgment dated 15.12.2016 was to deal with the sale of liquor along and in proximity of highways properly understood, which provide connectivity between cities, towns and villages - The order did not prohibit licensed establishments within municipal areas - This clarification would govern other municipal areas as well - Liquor. State of Tamil Nadu v. K. Batu [20161 11 SCR 244 - Clarified. Case Law Reference [2016) 11 SCR 244 Clarified Parat D CIVIL APPELLATE JURISDICTION: Special Leave Petition E (Civil) No.10243 of2017. From the impugned final Judgment and Order dated 29.03.2017 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No.5594 of2017 (O&M). Tushar Mehta, ASG, Ravi Kumar Gupta, Nikunj Dayal, Pramod Dayal, Paya! Dayal, Kaleeswaram Raj, Suvidutt M.S., Sai Deepak Iyer, Arnold Harvey, Chandra Prakash, Advs. for the appearing parties. The Order of the Court was delivered by F DR. D. Y. CHANDRACHUD, J. 1. On 15 December 2016, this Court rendered judgment in the State of Tamil Nadu vs K Balu1• Several directions were issued to obviate dangers to the lives and safety of persons using the highways, resulting from the menace of drunken driving. The directions contained in the judgment are reproduced below: G "(i) All states and union territories shall forthwith cease and desist from granting licences for the sale of liquor along national and state highways; (ii)The prohibition contained in (i) above shall extend to and include stretches of such highways which fall within the limits of a H 1 Civil Appeal Nos.12164-12166 of2016 ARRNE SAFE SOCIETY OF CHANDIGARH v. THE UNION 371 TERRITORY OF CHANDIGARH [DR. D. Y. CHANDRACHUD, J.] municipal corporation, city, town or local authority; A (iii)The existing licences which have already been renewed prio
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