Arrive Safe Society Of Chandigarh vs The Union Territory Of Chandigarh

REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CIVIL) NO 10243 OF 2017

ARRIVE SAFE SOCIETY OF CHANDIGARH ..Petitioner

VERSUS

THE UNION TERRITORY OF CHANDIGARH & ANR. ..Respondents

ORDER

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 :

“(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 municipal corporation, city, town or local authority;

(iii)The existing licences which have already been renewed prior to the date of this order shall continue until the term of the licence expires but no later than 1 April 2017;

(iv)All signages and advertisements of the availability of liquor shall be prohibited and existing ones removed forthwith both on national and state highways;

Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date: 2017.08.23 17:19:40 TLT Reason: (v)No shop for the sale of liquor shall be (i) visible from a national or state highway; (ii) directly accessible from a national or state highway and (iii) situated within a distance of 500 metres of the outer edge of the national or state highway or of a service lane along the highway;

1 Civil Appeal Nos.12164-12166 of 2016 2 (vi)All States and Union territories are mandated to strictly enforce the above directions. The Chief Secretaries and Directors General of Police shall within one month chalk out a plan for enforcement in consultation with the state revenue and home departments. Responsibility shall be assigned inter alia to District Collectors and Superintendents of Police and other competent authorities. Compliance shall be strictly monitored by calling for fortnightly reports on action taken;

(vii)These directions issue under Article 142 of the Constitution”

2. The present proceedings relate to Chandigarh. A notification was issued on 21

October 2005 by the Chandigarh Administration notifying major arterial roads

(described as V1, V2 and V3 roads) as state highways. The development and

maintenance of these roads was directed to vest in Chandigarh Administration.

Recently, on 16 March 2017 the earlier notification was modified by the Administration.

By the notification, all V1, V2 and V3 roads have been declared as major district roads

except for National Highway no.21 and Madhya Marg from Panchkula border to

Mullanpur border.

3. The notification dated 16 March 2017 was challenged before the High Court of

Punjab and Haryana on the ground that it circumvents the judgment of this Court in

K.Balu (supra). The contention did not find acceptance and the writ petition filed by the

petitioner was rejected. This gave rise to proceedings under Article 136 of the

Constitution.

4. After hearing the learned counsel appearing on behalf of the petitioner and the

Additional Solicitor General for the Union Territory Administration, we dismissed the

petition on 11 July, 2017 and indicated that our reasons would follow. We are

accordingly indicating our reasons for dismissing the Special Leave Petition both to

clarify the import of the order of this Court and to set at rest any doubt about its ambit

and applicability.

3

5. The roads in the city of Chandigarh have been categorized from V1 to V8. The

description of these roads is as follows :

Type Function

V-1 Roads connecting Chandigarh with other cities in the region.

The Madhya Marg, Dakshin Marg merge with the V1’s leading to Kalka and Ambala respectively.

V-2 The major avenues of Chandigarh, with important institutional and commercial buildings located on them. Madhya Marg, Dakshin Marg, Jan Marg, Himalaya Marg, Uttar Marg and Purv Marg are important examples of these.

V-3 Roads between sectors for fast moving vehicular traffic. Each sector is surrounded either by a V2 or V3.

V-4 Shopping streets cutting through sectors with shops on either southern side.

V-5 Circulation roads within sectors. V-6 Roads providing access to houses. V-7 Foot paths through “Green belts enabling pedestrians to cross

sectors without having to cross vehicular traffic and cycle tracks.

V-8 Cycle tracks through green spaces.

The High Court has noticed that the original notification dated 21 October 2005 was not

of a statutory nature and its purpose was only to make an internal arrangement to

assign responsibility for maintenance of roads. By classifying certain roads as state

highways, the responsibility for maintenance and development was vested in

Chandigarh Administration. Since funds were being received from the Central Road

Fund, in order to utilise these funds for the maintenance of roads, certain internal roads

which pass through the city were declared as state highways in addition to National

Highway No 21 which passes through Chandigarh. The High Court observed that these

roads are in fact inter-sectoral roads, connecting sectors into which the city is divided.

However, even after the notification dated 16 March 2017, National Highway no 21

which passes through the city is as it is. So also is the case with Madhya Marg which

passes through the city and connects Panchkula in the State of Haryana and Mullanpur 4

in the State of Punjab. Madhya Marg continues to be a state highway. On these

findings, the High Court did not find substance in the challenge and dismissed the writ

petition.

6. The judgment of this Court dated 15 December 2016 addresses dangers to life

and safety caused by drunken driving on national and state highways and specifically

deals with the problem from the perspective of the availability of alcohol. Roads within

a metropolitan city essentially provide connectivity within the city. Chandigarh is an

illustration. The roads categorized as V1, V2 and V3 are essentially roads within the

city. They were categorized as highways by an administrative decision of 21 October

2005 primarily with a view to ensure their maintenance and 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

March 2017, has left unaffected National Highway no 21 which passes through the city

and Madhya Marg which connects the States of Haryana and Punjab. The judgment of

this Court dated 15 December 2016 prohibits the grant of licences for the sale of liquor

along and in proximity of the National and State Highways including those falling within

the limits of municipal corporations, cities, towns or local authorities. Directions (i) and

(ii) extracted earlier did not prevent the Administration from re-classifying inter-sectoral

roads within the city from state highways to major district roads. The exercise carried

out by Chandigarh Administration does not breach the directions issued by this Court. It

is neither in violation of the terms of the order nor of the purpose and intendment

behind those directions.

7. The purpose of the directions contained in the order dated 15 December 2016 is

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 does not 5

prohibit licensed establishments within municipal areas. This clarification shall govern

other municipal areas as well. We have considered it appropriate to issue this

clarification to set at rest any ambiguity and to obviate repeated recourse to IAs, before

the Court.

8. For these reasons, we find no merit in the Special Leave Petition. The Special

Leave Petition will accordingly stand dismissed. IA for intervention is disposed of.

...........................................CJI [JAGDISH SINGH KHEHAR]

...........................................J [Dr D Y CHANDRACHUD]

...........................................J [L. NAGESWARA RAO]

New Delhi;

JULY 11, 2017 6

ITEM NO.2 COURT NO.1 SECTION IV-B

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).10243/2017

(Arising out of impugned final judgment and order dated 29-03-2017 in CWP No.5594/2017 passed by the High Court of Punjab & Haryana at Chandigarh)

ARRIVE SAFE SOCIETY OF CHANDIGARH Petitioner(s) VERSUS THE UNION TERRITORY OF CHANDIGARH & ANR. Respondent(s)

(FRESH ADJOURNED)

Date : 11-07-2017 This petition was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE L.NAGESWARA RAO

For Petitioner(s) Mr.Ravi Kumar Gupta, Adv.

Mr.Nikunj Dayal, Adv.

Mr.Pramod Dayal, Adv.

Ms.Payal Dayal, Adv.

For Applicant(s) Mr.Kaleeswaram Raj, Adv. In I.A.5299/17 Mr.Suvidutt M.S., Adv. Mr.Sai Deepak Iyer, Adv. Mr.Arnold Harvey, Adv.

For Respondent(s) Mr.Tushar Mehta, ASG (For UT.Chandigarh) Mr.Chandra Prakash, AOR

UPON hearing the counsel the Court made the following O R D E R

The special leave petition stands dismissed in terms of

the signed order. IA for intervention is disposed of.

(SATISH KUMAR YADAV) (RENUKA SADANA) AR-CUM-PS ASST.REGISTRAR (N.B: Item No.2 was taken up with Item No.301) (Signed reportable order is placed on the file)