D.Y.CHANDRACHUD,J. - (1.) On 15 December 2016, this Court rendered judgment in the State of Tamil Nadu v. K. Balu, 2017(1) R.C.R.(Civil) 1029 : 2017(1) Recent Apex Judgments (R.A.J.) 586 : Civil Appeal Nos.12164-12166 of 2016.. Several directions were issued to obviate dangers to the lives and safety of persons using the highways, resulting from the menace of drunken driving. The directions contained in the judgment are reproduced below : "(i) All states and union territories shall forthwith cease and desist from granting licences for the sale of liquor along national and state highways; (ii) The prohibition contained in (i) above shall extend to and include stretches of such highways which fall within the limits of a municipal corporation, city, town or local authority; (iii) The existing licences which have already been renewed prior to the date of this order shall continue until the term of the licence expires but no later than 1 April 2017; (iv) All signages and advertisements of the availability of liquor shall be prohibited and existing ones removed forthwith both on national and state highways; (v)No shop for the sale of liquor shall be (i) visible from a national or state highway; (ii) directly accessible from a national or state highway and (iii) situated within a distance of 500 metres of the outer edge of the national or state highway or of a service lane along the highway; (vi)All States and Union territories are mandated to strictly enforce the above directions. The Chief Secretaries and Directors General of Police shall within one month chalk out a plan for enforcement in consultation with the state revenue and home departments. Responsibility shall be assigned inter alia to District Collectors and Superintendents of Police and other competent authorities. Compliance shall be strictly monitored by calling for fortnightly reports on action taken; (vii)These directions issue under Article 142 of the Constitution"
(2.) The present proceedings relate to Chandigarh. A notification was issued on 21 October 2005 by the Chandigarh Administration notifying major arterial roads (described as V1, V2 and V3 roads) as state highways. The development and maintenance of these roads was directed to vest in Chandigarh Administration. Recently, on 16 March 2017 the earlier notification was modified by the Administration. By the notification, all V1, V2 and V3 roads have been declared as major district roads except for National Highway no.21 and Madhya Marg from Panchkula border to Mullanpur border.
(3.) The notification dated 16 March 2017 was challenged before the High Court of Punjab and Haryana on the ground that it circumvents the judgment of this Court in K.Balu (supra). The contention did not find acceptance and the writ petition filed by the petitioner was rejected. This gave rise to proceedings under Article 136 of the Constitution.;