Angad Mehta v. Govt. of NCT of Delhi

Delhi High Court · 14 Nov 2017 · 2017:DHC:6930-DB
Gita Mittal; C. Hari Shankar
W.P.(C)No.9993/2017
2017:DHC:6930-DB
administrative other

AI Summary

The Delhi High Court directed the Government of NCT of Delhi to consider and decide on the petitioner's concerns regarding regulation of drunken driving and underage drinking, emphasizing the need for policy formulation under the Delhi Excise Act, 2009.

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W.P.(C)No.9993/2017 HIGH COURT OF DELHI W.P.(C)No.9993/2017
Date of Decision: 14th November, 2017 DRIVING(CADD) ..... Petitioner
Through : Mr. Angad Mehta, Adv.
VERSUS
GOVT. OF NCT OF DELHI ..... Respondent
Through : Mr. Sanjoy Ghose, ASC- GNCTD with Ms. Urvi Mohan, Adv.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT
(ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE CM No.407572017(exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

3. The writ petitioner complains against the perils of drunken driving as well as underage drinking. The major grievance of the petitioner is that there is no statutory regime nor any government policies regarding regulation of the same or any mandatory checking of the age of the consumers of alcohol. In this regard, the petitioner 2017:DHC:6930-DB draws attention to the statutory power of the Government of NCT of Delhi under Section 81 of the Delhi Excise Act, 2009 and the Delhi Excise Rules, 2010 framed thereunder.

4. The matter relates to formulation of a policy which would enable proper implementation of statutory provisions. In our view, the issues flagged by the petitioner deserves to be examined by the Government and if necessary, proper policy as well as regulations regarding the implementation of the statute need to be framed by the respondents.

5. In view thereof, this writ petition is disposed of with a direction to the respondents to treat the writ petition, copy whereof stands served upon them, as a representation and to take a formal view thereon on the issues pressed therein within a period of three months from today. The respondents shall inform the writ petitioner, as well as its counsel, of the view taken forthwith thereupon.

6. This writ petition is disposed of in the above terms.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J NOVEMBER 14, 2017