Delhi Government Has Power to Float New Excise Policy 2021, Observes High Court
Delhi Government Has Power to Float New Excise Policy 2021, Observes High Court
New Delhi: The Delhi High Court on Wednesday observed that that the government (Delhi) has the power and jurisdiction to float the New Excise Policy 2021. The court also refused to stay the closure of New Delhi: The Delhi High Court on Wednesday observed that that the government (Delhi) has the power and jurisdiction to float the New Excise Policy 2021. The court also refused to stay the closure of retail vends having L7 licences for the sale of Indian liquor in private sector under the old policy with effect from September 30. “Government ought to be given free movement in the joints. It ought to be kept in mind that change is inevitable and excise policy is no exception. New experiments are always being permitted in matters of policy. Prima facie, we do not want to prejudice the resultant effect of the policy,” said the bench which also comprised Justice Jyoti Singh. “Prima facie, the respondent has all the powers and jurisdiction to float a new excise policy under the Delhi Excise Act, 2009 and its Rules,” it added. A bench headed by Chief Justice D N Patel, dealing with an application by one such licence holder – Rattan Singh – for stay on the closure, said that prima facie, the new mechanism did not violate any of his rights. The application was part of the petition seeking to extend the licence in parity with other categories under the provisions of the Delhi Excise Act. The court further stated that to withdraw from the sale and distribution, in a phased manner, of liquor was a policy decision of the Delhi government under the new regime, which has its own benefits. “Prima facie, the mechanism which is going to be adopted under the new policy does not violate any right of the petitioner… Even if L7 licences are brought to an end with effect from September 30, there is no prima facie case in favour of the petitioner because there is no discrimination,” the court said.