OPENING OF LIQUOR SHOP: Gauhati High Court directs DC to consider local people's representation

STAFF REPORTER

GUWAHATI: An order issued by Gauhati High Court makes it clear that the consent of the local people also matters in the opening of any liquor shops.

The Gauhati High Court has directed the Goalpara Deputy Commission to consider the representation filed by a large number of public organizations of the Damara area under Dudhnoi Police Station in the Goalpara district against the opening of an IMFL (Indian Made Foreign Liquor) shop in their locality.

The court heard a writ petition (WP(C)/3704/2022) filed by the president of the Damra Anchalik Rabha Students' Union and Rajib Rabha, an inhabitant of the locality.

The petitioner (Rajib Rabha) stated in his petition that after learning that the Excise Department permitted to open of an IMFL shop in the locality of Damara Mendi Pather Road in Damara village, many residents and local organizations held a public meeting at the office of the Damra Anchalik Rabha Students' Union on 1.09.2021 when they expressed their apprehension of a breach in the locality due to the presence of an IMFL shop as the locality is in the border region of Assam and Meghalaya, and it falls in a rural area.

The local people and several public organizations under the aegis of All Rabha Students' Union had submitted a representation before the Deputy Commissioner of Goalpara on 02.09.2021 opposing the opening of the IMFL shop in their locality. The petitioner claimed that despite the submission of the representation, the Deputy Commissioner did not dispose of the representation after hearing the people from the locality where the proposed IMFL shop would be set up.

The court order stated, "The matter of opening and closure of any IMFL shop is governed by the provisions of Assam Excise Act, 2000 and the Assam Excise Rules, 2016. As per the provisions of sub-rule [1] of Rule 289 of the Assam Excise Rules, 2016, the liquor shops of any description should not be located at sites to which the neighbours object on the ground that upon enquiry appear to be reasonable and free from malice or ulterior motive."

Rule 294, Assam Excise Rules, 2016 provides that opening and closure of any licensed premises is to be done by the District Collector with the previous sanction from the State Government. Such opening and closure are not to be granted unless it has been satisfactorily established by local enquiry that the proposed action is necessary for the interest of the public and until all objections are considered by the District Collector. Rule 295, Assam Excise Rules, 2016 has provided for objection from local bodies and persons mentioned therein. In the case of areas not situated in a Corporation, Municipality or Town Committee areas, the opinions and objections of the Gaon Panchayat concerned and the owners or occupiers and residents of the neighbourhood of the premises involved have to be considered. Rule 289 (1) and Rule 295 of the Rule require that objections from the owners or neighbours and residents of the neighbourhood located within a radius of 75 metres of the premises involved have to be considered.

The court disposed of the writ petition with a direction to the Deputy Commissioner to consider the representation dated 02.09.2021 filed by a large number of public organizations of the locality at Damara, by taking into purview the provisions of Rule 289, Rule 294 and Rule 295 of the Assam Excise Rules, 2016. The court further directed that this should be done within two months.

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