The Supreme Court today directed the Maharashtra government to file an affidavit within a week on whether it has notified a road in Aurangabad zone as state highway before banning the sale of liquor within its 500 metres.
The top court was hearing a petition filed by three beer bar restaurants of Maharashtra alleging that the state government had stopped their business despite their shops not being located within the stipulated 500 metre distance from PatasDaundKarmalaParandaBarshi road.
The restaurants also alleged that this road has not been declared a state highway under the local statute.
The apex court had on December 15 last year banned all liquor vends within 500 metres of national and state highways after March 31 this year.
A bench of Chief Justice Dipak Misra and Justice A M Khanwilkar and D Y Chandrachud asked the counsel for the state to file an affidavit and posted the matter on November 29.
"On being asked, Nishant R Katneshwarkar, counsel appearing for the state, submitted that the roads which are the subject matter in issue are not state highways as there has been no such declaration. Let an affidavit of the competent authority be filed within a week hence in this regard," the bench said.
The restaurants had approached the high court which asked them to approach the apex court which is seized of the matter.
"The Maharashtra Highways Act specifies in Section 3 that the State Government by notification in Official Gazette, declare any road, way or land to be a Highway and classify it as a State Highway (Special), State Highway, a Major District Road, Other District Road or a Village Road.
"This notification having not been issued or brought on record, the prohibition contemplated by the Hon'ble Supreme Court's judgment, is not attracted," the restaurants said.
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