INDIAN HOTEL & RESTAURANT ASSOCIATION AND ORS. Vs. STATE OF MAHARASHTRA AND ORS.
LAWS(SC)-2016-3-63
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on March 02,2016

Indian Hotel And Restaurant Association And Ors. Appellant
VERSUS
State of Maharashtra And Ors. Respondents

JUDGEMENT

- (1.) On the last occasion, the Court had noted 7 (seven) conditions which had been taken exception to by Mr. Jayant Bhushan, learned senior counsel appearing for the petitioners. The exceptions relate to condition Nos. 1, 2, 5, 10, 12 and 15. Condition No.1 reads as follows : "(1) This licence is valid for only one stage of 10 ft. x 12 ft. in size in restaurant area as per approved plan of the excise department for F.L.-III with non-transparent partition between restaurant and permit room area."
(2.) It is submitted by Ms. Pinky Anand, learned Additional Solicitor General on the basis of the affidavit that as per the approved plan of the Excise Department for permit rooms with FL-III licence, there is always a necessity for providing a non-transparent partition between the restaurant and the permit room area. It is urged by her that the intention of the Excise Department behind incorporation of the said condition is to keep the permit room area separate from the restaurant area where alcohol is not served. Be it noted, the said condition has been modified to the following extent : "This licence is valid for only one stage of 10 ft. x 12 ft. size in restaurant area/permit room as per approved plan of the Excise Department for F.L.-III with non transparent partition between restaurant and permit room area."
(3.) The said condition is accepted by the petitioners and, therefore, we shall not dwell upon the same.;


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