New Delhi: The Delhi Government has the strength and jurisdiction to float new excise policies 2021, the Delhi High Court was observed on Wednesday and refused to keep the closure of retail foundation which had a L7 license for the sale of Indian liquor in the private sector under the policy with the effect of September 30 .
The bench led by the Chairman of the DN Patel judge, dealing with the application by one license holder – Rattan Singh – to stay at the close, saying that the prime facie, a new mechanism does not violate one of his rights.
This application is part of the petition that wants to extend the license in parity with other categories under the provisions of the Delhi Excise Act.
“The government must be given free movements in the joints.
It should be remembered that changes cannot be avoided and excise policies are no exception.
New experiments are always permitted in terms of policy.
Prima Facie, we do not want the prejudice of the policy of the resulting policy,” said the bench bench which also consisted From Justice Jyoti Singh.
“Prima Facie, respondents have all the strength and jurisdiction to float new excise policies under the Delhi, 2009 Excise Act and its rules,” he added.
The next court stated that to withdraw from sales and distribution, gradually, liquor was the decision of the Delhi government policy under the new regime, which had its own benefit.
“Prima Facie, the mechanism that will be adopted under a new policy does not violate the Petitioner’s rights …
Even if the L7 license ends with the effect of September 30, there is no case of the prime facie that supports the applicant because there is no discrimination,” said the court.
The court stated that the wider community would not suffer because of closing because of other categories that would continue to operate.
“There are various types of licenses for different purposes, from L1 to L35 …
The public generally will not suffer.
Other licenses will continue.
The public must move from their comfort zone.
Everyone will not be on the doorstep when there is a transformation,” he said .
Of the 849 oral under the new policy, 260 vends have a license L7 and L10 (retail sales of Indian and foreign liquor), the court records.
Senior Advice Abhishek Manu Singhvi and Rahul Mehra, appeared for the Delhi Government, told the court that with the effects of November 16, even the government a junction would close and thus need that there was a “peace and harmonious” transition into a new policy.
Singhvi’s senior lawyer added that from November 16, the bidder that was successful in the auction process based on the new excise policy would begin their operation.
Senior Adviser Mehra stressed that because of this new policy, revenue increased by 50 percent, to Rs 9,500 Crore and an additional RS 1,000 Crore also expected.
Advice for the Applicant looking for his L7 license license stay on the ground that the closing decision was unilateral, arbitrary and violating the Delhi Excise Act.
Said that it “disagrees” with the applicant at this stage, the court rejects the application while passing a temporary order and registering a case to hear further on October 21.
Some petitions are waiting before the court on the new excise policy on land is illegal, unfair, arbitrary and violating the Excise Law Delhi, 2009.
Last month, the court verbally stated that the actions taken by the Delhi government based on the new excise policy 2021 will submit to the results.
The petition challenges the new regime.
In July, the court refused to remain a new policy on the petition by Readymade Plaza India Pvt Ltd which argued that the new regime would lead to a complete monopoly of several big players.
The Delhi government has defended the new 2021 excise policy, saying that the new regime will generate optimal income and ensure the ease of doing business while removing cartelization, proxy and monopoly players.
In its response to the petition that was delayed, it was said that the privatization of the vends of the government’s liquor and the re-distribution of all jumping liquor is fair throughout the national capital “will definitely lead to increased manifolds in free competition and flood the cartel on the market.
By asserting that Indian citizens Does not have fundamental rights to trade in liquor, the government said that excise policy 2021-22 was formulated in a larger public interest and because it was a problem of economic policy, it did not guarantee judicial disorders.
The license regarding the delivery of liquor houses has been there for a long time and now Will produce less crowded outside the store / liquor store, added.
Delhi Govt has the power to transmit new excise policies: HC
