LexSOMDEV KAPOOR versus STATE OF WEST BENGAL & ORS.
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[2013] 10 S.C.R. 452 A SOMDEV KAPOOR B v. STATE OF WEST BENGAL & ORS. (Civil Appeal No. 9016 of 2013) OCTOBER 7, 2013 [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] West Bengal Excise (Selection of New Sites and Grant of Licence for Retail Sale of Liquor and Certain Other c Intoxicants) Rules, 2003 - r.8 (as amended in 2004) - Application for issuance of licence for retail sale of liquor made in 1992 - Granted in 2006 - PIL seeking cancellation of licence being in violation of amended r. 8 - High Court held that licence was in violation of amended r. 8 which prohibited 0 grant of licence for retail sale of liquor at a new site within 1000 feet from educational institutions/religious places - On appeal, plea that application having been made in 1992 rules applicable at that time were applicable and not subsequent amended rules - Held: Rules which are prevalent on the date E when the application is considered are to be applied and not the date when the application is made - In view of the facts, application of the appellant was to be governed by new Rules of 2003, as amended in 2004 - On the basis of the amended new Rules, appellant could not have been granted the licence - West Bengal Excise Rules, 1993 - r. 8 - Circular dated F 28.9.2005 issued by the Excise Commissioner, West Bengal. The appellant made an application on 28.8.1992 before Collector of Excise, for issuance of licence to operate foreign liquor bar and restaurant. He sent G another application on 8.9.2005 giving reference to the earlier application. Thereafter, he was given temporary licence to run the liquor bar. Respondent Nos.5 and 6, a Society and its President respectively, filed writ petition as Public Interest Litigation seeking cancellation of the H 452 SOMDEV KAPOOR v. STATE OF WEST BENGAL & 453 ORS. licence, on the ground that the licence was in violation A of r.8 of the West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003, as amended Jn the year 2004, whereby there was bar on grant of license for the retail sale of liquor or any other intoxicant at a new site B within 1000 feet from any college/educational institution/ religious places. High Court allowed the petition. Hence the present appeal. Dismissing the appeal, the Court HELD: 1. West Bengal Excise Rules, 1993 were promulgated vide Notification dated 22nd March 1993. As per Rule 8 of Rules 1993, in its original form, there was c bar for grant of license for retail sale of spirit or any other intoxicant at a new site which is situated in "close D proximity" to an educational institution or traditional place of worship, hospital or bathing ghat for public use. There was no specific distance stipulated therein, defining the expression "close proximity" in arithmetical/ numerical terms. However, when West Bengal Excise (Selection of E New Sites and Grant of License for Retail Sale of Liquor and Certain other Intoxicants) Rules, 2003 came into force in supersession of earlier Rules of 1993 with effect from 29.9.2003, the words "close proximity" were replaced by the expression "vicinity". The term "vicinity" was defined as a distance of 300 ft. Rule 8 of Rules, 2003 was amended with effect from 15.4.2004 and as per the amended provision, distance of 1000 ft. was prescribed F in the definition of 'vicinity'. Thus, there was a shift from the position contained in Rules, 1993 which prohibited G the grant of license for the retail sale of spirit or any other intoxicant in "close proximity" from the educational institution and religious places etc. to the grant of license within "vicinity of such places" and the term 'vicinity' was explicitly and precisely defined to be a distance of 300 ft. H 454 SUPREME COURT REPORTS (2013] 10 S.C.R. A in the unamended Rule 8 of Rules, 2003 and increased to 1000 ft. by way of amendment in the year 2004, from educational institution and religious places. [Para 6] [458- E-H; 459-A-B] 2. It cannot be said that in view of the Circular dated 8 28.9.2005 issued by the Excise Commissioner, West Bengal to its functionaries, pending applications were to be considered on the basis of unaamended Rules, 2003. This circular has no application to the facts of the present case. The circular deals with the situation where C applications for grant of license had been submitted after 29.7.2003 ·when Rules, 2003 were
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