Meghalaya High Court orders review of wine shop licenses near national highway

The Meghalaya High Court has intervened in a contentious proposal to establish four to five wine stores near a national highway, directing the state's Excise Department to thoroughly examine the matter before any licenses are granted.

The case emerged after businessman Arbiangkam Kharsohrnat filed a public interest litigation challenging the Pommura Dorbar Shnong's decision to issue no-objection certificates for the liquor outlets in Mawryngkneng village, East Khasi Hills District.

Chief Justice IP Mukerji and Justice W Diengdoh, hearing the matter on August 30, expressed concerns about the impact of additional wine stores on local communities. The petitioner argued that "opening of liquor shops would be detrimental to the health of the locals and make the area vulnerable to accident."

The controversy was sparked by a July 28 report in Meghalaya Times about the village authority's proposal, which faced strong opposition from the Hynniewtrep National Youth Front (HNYF).

During proceedings, Advocate General A. Kumar admitted he could not confirm whether applications for the wine stores had actually been submitted to the Excise Department, highlighting gaps in coordination between local authorities and state machinery.

The court referenced landmark Supreme Court judgments from 2016 and 2017 that impose strict restrictions on liquor shops along highways. These rulings prohibit such establishments from being "visible from a national or state highway" or "directly accessible from a national and state highway."

However, Meghalaya enjoys partial exemption from the Supreme Court's 500-meter distance requirement, a factor that complicates the current case.

"It is a policy matter and the government is the best judge of its policy. It should examine the details of the application before issuing a certificate," the court observed.

The judges have now mandated a three-step review process: the Excise Department must first verify whether the village authority actually issued the no-objection certificates. If confirmed, a Secretary-level officer must examine the decision and determine whether to uphold, modify, or reject it. The final decision must then be communicated to the petitioner.