Delhi Government to High Court: Excise Policy 2021 to continue beyond March 31 with no new changes

Alcohol Liquor Drinks Law Insider

Mitali Palnitkar

Published On: February 01, 2022 at 17:30 IST

On February O1, 2022, the Delhi High Court was informed by the Delhi Government that its Excise Policy 2021 would continue beyond March 2022 and there will be no new changes for the next Financial Year.

The Bench hearing the Petitions challenging the Excise Policy comprised of Justices Rajiv Shakdher and Talwant Singh. The Delhi Government was represented by Senior Advocate Rahul Mehra.

Senior Counsel Parag Tripathi appearing for one of the Petitioners stated that there was an urgency in the matter as the Policy would come to an end after March 31, 2022.

Advocate Mehra Argued that the Policy had come into effect on November 16, 2021 and the Petitioner’s stand regarding the Expiry of the Policy was incorrect. He stated that the Policy would continue and there would be no new change. He mentioned that the Supreme Court had also not interfered in the matter at the Interim stage.

Senior Advocates Tripathi and G Tushar Rao appearing for another Petitioner Argued that the Policy was Discriminatory and facilitated Monopoly. Several Petitions are pending before the Court against the New Excise Policy on the grounds that the Policy is Illegal, Unfair, Arbitrary and Violative of the Delhi Excise Act, 2009.

The Court had refused to Stay the new Excise Policy in July 2021. The Delhi Government also defended the Policy stating that optimum revenue would be generated and Ease of Doing Business would be ensured. Also;, Monopoly, Cartelization and proxy players would be eliminated.

It stated in response to the pending Petitions that the privatization of Government liquor vends and its re-distribution would lead to increase in free competition. It also asserted that the citizens did not have a Fundamental Right to Trade in liquor. The Policy was in the interest of public and did not warrant Judicial Interference since it was a matter of Economic Policy. It further added that license for home delivery of liquor would prevent overcrowding outside liquor shops.

The matter would be listed for next Hearing in February.

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