Liquor Vends - No liquor shops within 500 meters of National and State Highways

Rajasthan High Court Orders Relocation of Liquor Shops from Highways Court Mandates Strict Compliance with Supreme Court Directions to Safeguard Public Safety

In a significant ruling aimed at enhancing road safety and public welfare, the Rajasthan High Court has directed the relocation of all liquor shops situated within 500 meters of National and State Highways. The decision, delivered by a bench comprising Dr. Pushpendra Singh Bhati and Sanjeet Purohit, mandates the State of Rajasthan to adhere strictly to the Supreme Court's directions, ensuring that liquor vends do not operate in close proximity to highways.

The judgment arises from a civil writ petition filed by Kanhaiya Lal Soni and others against the State of Rajasthan, highlighting the alarming rise in road accidents due to alcohol consumption and reckless driving. Recent data indicates a steep increase in drunk driving cases in Rajasthan, with the numbers escalating from 40,715 in 2024 to 43,788 by September 2025.

The court expressed profound concern over the state's failure to implement the Supreme Court's mandate effectively, emphasizing the constitutional objective of safeguarding human life under Article 21. The proximity of liquor shops to highways has been judicially recognized as a factor requiring strict regulation to prevent road accidents.

Citing Supreme Court judgments, particularly in the cases of State of Tamil Nadu v. K. Balu and Arrive Safe Society of Chandigarh v. Union Territory of Chandigarh, the Rajasthan High Court underscored the necessity to prohibit liquor shops near highways to reduce road accidents. The court directed the state to remove or relocate 1102 liquor shops currently operating on highways, urging compliance within two months.

The ruling also prohibits any advertisements, signages, or hoardings related to liquor availability visible from highways, reinforcing the Supreme Court's emphasis on public safety. The court criticized the state's discretionary use of municipal classifications to justify liquor shops along highways, labeling it as misuse of discretion.

In conclusion, the court has directed the Excise Commissioner to file a detailed affidavit of compliance before the next hearing scheduled for January 26, 2025. The judgment serves as a crucial step in curbing the accessibility of liquor along highways, aiming to enhance road safety and protect human lives.

Bottom Line:

Regulation of Liquor Vends - Strict compliance with Supreme Court's directions regarding the prohibition of liquor shops within 500 meters of National and State Highways to ensure road safety and public safety under Article 21 of the Constitution of India.

Statutory provision(s): Article 21 of the Constitution of India, Rajasthan Excise Rules, 1956 Rule 75, Supreme Court Judgments: State of Tamil Nadu v. K. Balu, Arrive Safe Society of Chandigarh v. Union Territory of Chandigarh.

Kanhaiya Lal Soni v. State of Rajasthan, (Rajasthan)(DB) : Law Finder Doc Id # 2815673