Bombay HC seeks state & BMC replies on plea to allow all liquor shops to deliver online

The Bombay High Court has directed the ruling state government and Brihanmumbai Municipal Corporation (BMC) to respond to a petition filed by a south Mumbai shop owner seeking permission for the online sale of alcohol through home delivery to all such shops, including those situated inside malls.

Matter posted for further hearing on June 5

A division bench of Justices S J Kathawalla and S P Tavade Tuesday heard a plea by Ojus Marketing Management Pvt Ltd, which owns a shop ‘World of wines’ inside a mall at Nariman Point. The plea seeks permission for sale of liquor as a standalone retail shop and issuance of clarification that all liquor shops be allowed to commence home delivery. The petitioner asserted that their shop, though situated inside the mall, had separate access, but was refused permission for home delivery by concerned officials.

After hearing submissions, the bench directed authorities to file a reply and posted further hearing on June 5.

HC refuses to quash an order

On May 30, the High Court had refused to quash the BMC order prohibiting the over-the-counter sale of liquor in the city, stating that it was the civic body's policy decision to do so amid the COVID-19 pandemic. The court on Friday refused to quash a notification issued by the civic body on May 22, prohibiting the over-the-counter sale of liquor and permitting the use of e-commerce platforms for home delivery of alcohol.

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A division bench of Justices Nitin Jamdar and N R Borkar was hearing a petition filed by the Maharashtra Wine Merchants Association seeking a direction to the state government to permit the sale of liquor at wine shops in Mumbai, which is a COVID-19 red zone.

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The petition contended that in cities like Pune and Nashik, where the COVID-19 situation was similar to Mumbai, regular counter sale of retail liquor was being permitted. The association's advocate Charanjeet Chanderpal argued that the system of online orders and home delivery of liquor was fraught with difficulties and could have an adverse social impact and was also not safe.

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The bench, however, said it would be appropriate for the petition to be placed before the city Municipal Commissioner as a representation. Municipal Commissioner Iqbal Singh Chahal had allowed the online sale of liquor through home delivery in Mumbai from May 23. The service was to be allowed from 10 am to 6 pm.

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(With PTI inputs)