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Civil · Reportable judgment

The State of Tamil Nadu Rep. by Sec. and Ors. vs K. Balu and Anr.

Court
Supreme Court of India
Date
23 February 2018
Case No.
Civil Appeal Nos. 12164-12166 of 2016
Result
Disposed
Bench
Dipak Misra, Amitava Roy, D.Y. Chandrachud
Citation
[2018] 1 S.C.R. 661 : 2018 INSC 188
Supreme Court Reports [2018] 1 S.C.R. 661 : 2018 INSC 188
Headnote

Liquor – Sale of – In the States of Mizoram and Assam – In order dated 31.3.2017, exemption was granted to the State of Meghalaya and Sikkim from the application of the 500 meter distance requirement provided in paragraph 24(v)(iii) of the judgment dated 15.12.2016 – This exemption was granted in view of the peculiar topography of the States of Sikkim and Meghalaya – Subsequently, the same exemption was granted to State of Arunachal Pradesh also – In the instant applications, the State of Mizoram and Assam sought similar exemption submitting that the hilly terrain of the State necessiates the grant of the same exemption as was granted to the State of Meghalaya and Sikkim – In view of the peculiar topography of the State of Mizoram, the benefit of the exemption granted by the earlier order dated 31.3.2017 is extended to the State of Mizoram – As regards the State of Assam, the State was directed to file an affidavit indicating ‘hilly areas’ or the districts which can be called ‘hill/hilly areas’ so that appropriate orders can be passed – In view of the affidavit, benefit of order dated 31.3.2017 is extended to districts of the State of Assam namely, Karbi Anglong, West Karbi Anglong and Dima Hasao (North Cachar Hills) – MAs./IAs accordingly disposed of.

State of Tamil Nadu v. K. Balu (2017) 6 SCC 715 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was delivered: ORDER 1. The States of Mizoram and Assam have filed the present MAs /IAs, which emanate from the judgment of this Court in State of Tamil Nadu v K Balu1. By an order dated 31 March 2017, this Court exempted the States of Meghalaya and Sikkim from the application of the 500 meter distance requirement provided in paragraph 24(v)(iii) of the judgment dated 15 December 2016. This exemption was granted in view of the peculiar topography of the States of Sikkim and Meghalaya. The relevant part of the order dated 31 March 2017 is extracted below : “25.
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