On May 15, Delhi High Court had issued notice to the Delhi Government on a petition represented by Advocate Varun Tyagi and Advocate Bharat Gupta and Delhi Government was asked to file a response to the petition.
In its reply filed in the Delhi High Court on a petition challenging special coronavirus fees on liquor, the Delhi government says that the state has the power to regulate the sale, purchase and consumption of liquor and appealed that the petition be dismissed.
The Government of Delhi also stated in its response that it was not the Maximum Retail Price (MRP) that has been raised and that the petition was devoid of merits.
Government cited examples of states like Assam, Meghalaya, Karnataka, Andhra Pradesh, Telangana, U.P, Haryana, Rajasthan, Tamilnadu, West-Bengal which have been imposing similar charges. The reply said that citizens have no fundamental right of liquor trade or business or even to consume liquor, while the state has the right to regulate each of these.
"To begin with, the very object of a State Excise Levy is liquor, which unlike objects under other fiscal statutes, is dangerous and injurious to health and is therefore an article which is res extro commercium," said Delhi Government in its reply.
Delhi Government said that the Delhi Excise Act, 2009 empowers the State to regulate or supervise the sale, purchase and consumption of liquor in the National Capital Territory of Delhi particularly in the present COVID situation.
"The government further submitted that also in exercise of the power vested under Section 4, Section 11 (1) and Section 77 read with Section 81(1) and/or Section 81(2)(f)/lg), that Rule 154 (4) of the Rules has been amended and the impugned levy has been imposed; which is nothing but a combination of price towards grant of privilege and the cost of regulation / supervision," stated the reply further.
The court was hearing various petitions moved in this regard in Delhi High Court .
On May 15, Delhi High Court had issued notice to the Delhi Government on a petition represented by Advocate Varun Tyagi and Advocate Bharat Gupta and Delhi Government was asked to file a response on the petition.
The petition stated that the act on the part of Delhi government is a case of excessive delegation as the Parent Act i.e. Delhi Excise Act does not empower the state to levy any fee or charges except as provided under section 26 of the Act. It was further submitted that the imposition of such fee by the government is in violation of Article 265 of the Constitution of India as it was without any authority of law.
Moreover, it had prayed for directions to Delhi Government to quash and set aside the notification that amended the Excise rules 2010 and Special Corona fees was levied upon liquor. It also urged directions to the Delhi government to refund the money so collected.
Another petition was filed by Lalit Valecha, who had also sought setting aside of notification. His petition alleged that the increase in the price was arbitrary, bad in law and uncalled for.
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