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M/S Jsn Infratech Llp vs Ramgarh Colony Residents Welfare on 2 March, 2022 cites

Bari Bhati And Chhoti Bhati Resident ... vs Govt. Of Nct Of Delhi And Ors. on 24 March, 2021

21. Before parting with this case, Ld. Counsel for the respondent No. 2 & 6 cited the decision in the case of Residents Welfare Association v. Govt. of NCT of Delhi, 2014 SCC Online Delhi 7212, where the issue was the legality of opening of liquor vend in CSC (Convenient Shopping Centre) and it was held that opening of liquor Vend in CSC was not prohibited under MPD-21 or for that matter under Master Plan in force earlier thereto. It is not understandable as to how this case law has any application in the present matter. To draw the curtains finally down in the matter, the plaintiffs are prima facie unable to RCA-13/2022 Page 16 of 18 demonstrate that defendants No. 1 to 3 are in any manner in foul with the relevant Rules or law in proposing to set up and open a liquor outlet. Grant or refusal of interlocutory injunction is an equitable relief, which could only rest in the realm of sound judicial discretion, detached from the notions of rich versus poor equation that probably swayed the judicial discretion of the ld Sr Civil Judge while passing the impugned order. The perception of risk, fear or alarm in the mind of the people in the area is too flimsy to be believed. Since the appellants have rigorously complied with the relevant law/rules on the subject so far, on weighing of competing claims, it is manifest that the appellants have been suffering irreparable losses and the balance of the convenience also lies in their favour since opening of the liquor shop is also resulting in colossal loss to the State exchequer from which various public welfare schemes are being funded besides loss of employment opportunities for the workers/staff to be deputed.
Delhi High Court Cites 26 - Cited by 1 - J Nath - Full Document
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