TaxTMI 
TaxTMI 
2017 (8) TMI 804
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....hing A4 shops/2-B bars. In pursuant to notification vide Gazette No.18, dated 24.03.2017 issued by the Prohibition & Excise Superintendent, Visakhapatnam inviting intending applicants to file their applications for consideration to grant of licence through draw of lots, the petitioners enrolled themselves for the same through online. There were totally 154 numbers of A4 shops notified in Greater Visakhapatnam Municipal Corporation ('for short 'GVMC') limits and that the registration of applications is through online only. All the petitioners have become successful bidders in the drawal of lots held on 31.03.2017. It is stated that as per the notified Excise Policy, lots have to be drawn shop wise and the selected applicants would be given liberty to establish shop anywhere in the Mandal/Nagarpanchayat/Municipality/Municipal Corporation as the case may be. All the petitioners have submitted required documents for grant of permission to establish the subject shops at their respective premises within the limits of GVMC, by paying required licence fee through challan within time stipulated along with bank guarantee for the equal amount towards the second year licence fee from the Natio....
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....a issued another notification by the Ministry of Road Transport and Highways on 01.05.2015 amending the earlier notification of the Government of India by the Ministry of Road Transport and Highways published in the Gazette of India vide No.S.O.689 (E), dated 04.04.2011 with regard to Serial No.49 and National Highway No.16, wherein there is no mention of 'Visakhapatnam', as such, the same was omitted. He further submits that only basing on the letter of the Project Director, NHAI stating that the stretch of National Highway is passing through Visakhapatnam, the applications of the petitioners were erroneously rejected by the Prohibition and Excise Superintendent. He further submits that when they applied under Right to Information Act, 2005 seeking clarification with regard to Gazette Notification No.S.O.1150 (E), dated 01.05.2015, MORTH re-aligned portion of new NH No.16, in the State of Andhra Pradesh and also whether the Ministry of Road Transport and Highways is required to issue a separate notification under sub-section 3 of Section 2 of the Act of 1956, if any substitution is made to the entries in the schedule of the said Act as seen in the case of Gazette Notification No.S....
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...., Department, dated 18.06.2012 known as Andhra Pradesh Excise (Grant of Licence of Selling by Shops and Conditions of Licence) Rules, 2012 and same are amended vide G.O.Ms.No.112, dated 22.03.2017. In the said Rules 2 (h) was substituted and reads as follows:- "Highway means a National Highway or a State Highway as notified by the competent authority" Rule 25 (1) (b) of the Rules as amended, reads as follows: (b) '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 Mts. of the outer edge of the national or state highway or of a service lane along the highway". As per Rule 3 (k) of the Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of Licence) Rules, 2017, contained in G.O.Ms.No.235, dated 23.06.2017 (for short 'Rules 2017') 'High Way" means National Highway or State Highway as notified by the competent authority. Rule 11 of the said Rules, 2017 provides for restrictions on the grant of licence. Rule 11 (1) A licence in Form-2B or 2B(P) shall not be granted. (i) Unless th....
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....a, Vishakhapatnam, Vijayawada, Nellore in the State of Andhra Pradesh and terminating at its junction with NH-48 near Chennai in the State of Tamil Nadu 5, 6, 60 & 217 However, the said notification was amended by the Government of India by issuing Notification, S.O.1150 (E), dated 01.05.2015, exercising powers conferred by sub-section (2) of Section 2 of National Highways Act, 1956 (for short 'the Act of 1956'), which reads as follows: "MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 1st May, 2015 S.O.1150(E).__In exercise of powers conferred by sub-section (2) of Section 2 of the National Highways Act, 1956 (48 of 1956), the Central Government hereby makes the following further amendment in the notification of the Government of India, in the Ministry of Road Transport and Highways published in the Gazette of India, Extraordinary. Part II.Section 3, Subsection (ii) vide number S.O.689 (E), dated, the 4th April, 2011, namely:- In the Schedule, for serial number 49 and entries relating thereto, the following shall be substituted, namely:- (1) (2) (3) 49 16 The highway starting from its junction with NH-19 n....
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....ia & de-facto IPO Tel.No.23714001" "No.NH-15016/23/2017-P&M Government of India Ministry Road Transport & Highways Transport Bhawan, No.1, Parliament Street, New Delhi, Dated 24th May, 2017. To: Shri Mohan Krishna Grandhi, Door No.45-58-1/7, Flat 401, 402, Vivek Towers, Narasimha Nagar, Visakhapatnam, Andhra Pradesh-530024. Subject: Application under RTI Act, 2005-providing information thereof. Sir, Sir with reference to your RTI application registration number MORTH/R/2017/51038 dated 22.05.2017, the information pertaining to this zone is as follows:- Information sought Reply In Gazette Notification No.S.O.1150 (E) dated 01.05.2015, the MORTH re-aligned a portion of new NH No.16 in the State of Andhra Pradesh. The stretch of the said NH which falls under the old route (portion before realignment) is not assigned any new NH number and is not specified in the SCHEDULE of the National Highways Act, 1956. Can this particular stretch of the Highway still be treated as a National Highway despite it not being specified in the SCHEDULE of the National Highways Act, 1956 No ....
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.... above, de-notification under sub-section 3 of Section 2 of the Act is not required and the particular stretch in S.No.49 pertaining NH -16 omitted in notification S.O.1150 (E), dated 01.05.2015 cannot be treated as National Highway. 12. Moreover, Rule 25 of the Andhra Pradesh Excise (Grant of Licence of Selling by Shops and Conditions of Licence) Rules, 2012, which are amended vide G.O.Ms.No.112, dated 22.03.2017 and Rule 11 (iv) of the Andhra Pradesh Excise (Grant of License of Selling by Bar and Conditions of Licence) Rules, 2017 introduced by virtue of Judgment of the Hon'ble Supreme Court referred to supra, contains prohibitions for granting of licences within 500 meters from State High Ways also apart from National High Ways. Since the rejection of applications of the petitioners for grant of A4 shop licences and Form 2-B Bar licences is on the ground that the proposed shops are within 500 meters of National High Ways only, but not State Highways, as such, this court has not expressed any opinion on that aspect. It is for the licencing authority to consider that aspect while reconsidering the applications. 13. It is also brought to the notice of this Court that some of ....