THE STATE OF TAMIL NADU REP. BY SEC. AND ORS. versus K. BALU AND ANR.
[2018] 1 S.C.R. 661, Supreme Court of India, 2018
Outcome: Disposed off
Segment: Body
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THE STATE OF TAMIL NADU REP. BY SEC. AND ORS.
v.
K. BALU AND ANR.
(MA Nos 690-692/2017 and 369-371/2018)
In
(Civil Appeal Nos. 12164-12166 of 2016)
FEBRUARY 23, 2018
[DIPAK MISRA, CJI, AMITAVA ROY AND
DR. D. Y. CHANDRACHUD, JJ.]
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.
Case Law Reference
(2017) 6 SCC 715
referred to
Para 1
CIVIL APPELLATE JURISDICTION: MA Nos. 690-692/2017
and 369-371/2018 in Civil Appeal Nos. 12164-12166 of 2016.
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[2018] 1 S.C.R. 661
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SUPREME COURT REPORTS
[2018] 1 S.C.R.
From the Judgment and Order dated 25.02.2013 and 28.03.2013
of the High Court of Judicature at Madras in Writ Petition No. 23773 of
2012, M. P. Nos. 9 and 10 of 2013 in Writ Petition No. 23773 of 2012.
Abhishek Manu Singhvi, Sr. Adv.,  Roy Abraham, Ms. Seema
Jain, Ms. Reena Roy, Himinder Lal, P.N. Goswami, Ms. Pranita Shekhar,
Pawan K. Sharma, Shashi Ranjan, Dharmendra Kumar Sinha, Dr. Manish
Singhvi, Satyendra Kumar, Shailja Nanda Mishra, Irshad Ahmad, Ashutosh
Dubey, Krishnendu Sarkar, Ms. Rajshri, Abhishek Chauhan, V. S. Rawat,
Sushil Pandey, Ms. Kuljit Kaur, Pragyan Pradip Sharma, Ms. Anandini
Kumari, P. V. Yogeswaran, R. B. Phookan, Ms. Neha Tandon, Shailesh
Madiyal, M. Yogesh Kanna, Yash Pal Dhingra, Ms. Nandini Sen
Mukherjee, Ajay Marwah, Irshad Ahmad, Advs. for the Appellants.
S.S. Shamshery, AAG, C. L. Pandey, Sr. Adv., Ms. Binu Tamta,
S.S. Rawat, Hemant Arya, G.S. Makker, Amit Sharma, Sandeep Singh,
Ankit Raj, Ms. Indira Bhakar, Ms. Ruchi Kohli, Manish Kaushik,
Ms. Ananya Pandey, Dipesh Sharma, Yash Pal Dhingra, G. Prakash,
Jishnu M. L., Mrs. Priyanka Prakash, Mrs. Beena Prakash, Vijay Shankar
V. L., S. Thananjayan, Kaleeswaram Raj, Suvidutt M.S., Ajay Marwah,
Advs. for the Respondents.
The following Order of the Court was delivered:
O R D E R
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. The third area is in relation to the States of Sikkim…
and Meghalaya which have moved this Court for a suitable
modification of the judgment having regard to the nature of the
hilly terrain. In relation to the State of Sikkim, this Court has been
apprised on behalf of the State Government that nearly 82 per
cent of the area of the state is forested and 92 per cent of the
 1 Civil Appeal 12164-12166/2016
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shops will have to be closed as a result of the directions of this
Court. Similarly, the State of Meghalaya has placed before this
Court peculiar conditions prevailing in the State as a result of the
hilly terrain. We are of the view that insofar as the States of
Meghalaya and Sikkim are concerned, it would suffice if the two
states are exempted only from the application of the 500 metre
distance requirement provided in paragraph 24(v)(iii) of the
judgment of this Court on 15 December 2016.”
Subsequently, by an order dated 12 July 2017, this Court had also
extended the same exemption to the State of Arunachal Pradesh.
Mizoram
2. The State of Mizoram has submitted that the hilly terrain of the
State necessitates the grant of the same exemption as was granted to
the States of Meghalaya and Sikkim.
3. In view of the peculiar topography of the State of Mizoram, the
benefit of the exemption granted by the earlier order dated 31 March
2017 is extended to the State of Mizoram.
Assam
4. As regards the State of Assam, this Court had by an order
dated 4 December 2017 directed the State to file an affidavit indicating
“hilly areas or the districts which can be called ‘hill/hilly areas’ so that
appropriate orders can be passed.”
5. In pursuance of the order, an affidavit has been filed by the
Secretary to the Government of Assam in the Department of Excise on
9 February 2018. The affidavit contains the following averments:
“3. That the aforesaid application upon
being moved, this Hon’ble
Court vide Order dated 4.12.2017 directed the State of Assam to
file an affidavit indicating the hilly areas or the districts which can
be called ‘hill/hilly’ areas so that appropriate orders can be passed.
4. That in compliance of the aforesaid direction, the instant affidavit
is filed indicating the following facts:
A. That out of the 33 districts of the State of Assam, ‘Karbi
Anglong,’ West Karbi Anglong’ and ‘Dima Hasao’ (North Cachar
Hills) are there hill districts contiguous with the hills of Meghalaya
and Nagaland, which constitute 20% of the land mass of the State”
THE STATE OF TAMIL NADU REP. BY SEC. v. K. BALU

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SUPREME COURT REPORTS
[2018] 1 S.C.R.
In view of the above disclosure on affidavit we extend the benefit
of the order dated 31 March 2017 to the above districts of the State of
Assam namely Karbi Anglong, West Karbi Anglong and Dima Hasao
(North Cachar Hills). The State government would be at liberty to act
accordingly.
6. The MAs/IAs shall accordingly stand disposed of.
Devika Gujral
                   Applications disposed of.