No liquor shop next door without society’s say-so: Maharashtra govt plugs loophole, grants NOC veto to housing complexes | Mumbai News


No liquor shop next door without society’s say-so: Maharashtra govt plugs loophole, grants NOC veto to housing complexes
The new rules explicitly target legal ambiguities used in the past by liquor traders.

MUMBAI: In a major win for urban residents across Maharashtra, the state government has officially handed cooperative housing societies the power to veto liquor shops from moving into their premises. Under a fresh notification issued by the Home Department, liquor vendors looking to relocate their outlets to residential or residential-cum-commercial complexes will now strictly require a No-Objection Certificate (NOC) from the registered housing society.The decision comes after years of friction between housing societies and liquor vendors in urban hubs like Mumbai, Thane, and Pune. Residents have long complained about the nuisance of off-license liquor shops opening on their building ground floors—citing safety concerns, crowding, illegal parking, and disturbance to neighborhood peace. Previously, license holders often exploited procedural gaps or secured approvals before a housing society was fully formed, leaving flat owners with little legal recourse once the shop was operational.Plugging the partial OC loopholeThe new rules explicitly target legal ambiguities used in the past by liquor traders. Under the amendments to both the Bombay Foreign Liquor Rules, 1953, and the Maharashtra Country Liquor Rules, 1973—titled the 2026 Amendment Rules—the NOC requirement applies directly to FL-2 (foreign liquor off-consumption) and CL-3 (country liquor) licenses.Crucially, the government has mandated that an NOC from the society remains compulsory even if a complex has only received a Partial Occupancy Certificate (POC). In Mumbai’s real estate market, builders frequently hand over lower floors or commercial wings while upper floors remain under construction. By requiring an NOC at the Partial OC stage, the state prevents vendors from quietly setting up shop before flat buyers formally organize their managing committees.Fair balance for retailersWhile the notification empowers housing societies, it also offers operational clarity to business owners. To prevent societies from using annual renewals as leverage for extortion or ongoing disputes, the rule states that once a shop successfully relocates after obtaining the initial NOC, the license holder will not need to seek a fresh NOC every year.Signed by deputy secretary Ravindra Aute under the orders of the Governor of Maharashtra, the notification was brought into force immediately by invoking special powers under Section 143 of the Maharashtra Prohibition Act, 1949, bypassing the usual prior publication process to ensure immediate relief.Mixed reactions across the cityThe notification has evoked sharp and contrasting reactions from citizen groups and business owners.Housing society federations have hailed the amendment as a historic victory for residential rights. “For years, commercial space owners sold or rented ground-floor units to liquor shops without consulting the residents living right above them. The nuisance of drunken crowds and late-night commotion was borne by families. Making the NOC mandatory—even at the Partial OC stage—finally gives flat owners a direct say in shaping their living environment,” said Mr.Ramesh Prabhu, chairman, Maharashtra Societies Welfare Association (MahaSewa).Conversely, liquor retail trade associations expressed deep concern, arguing that the mandatory NOC could lead to moral policing and administrative roadblocks. “While we welcome the waiver on annual NOC renewals, putting relocation permissions entirely at the mercy of housing society committees will make finding suitable commercial premises almost impossible,” noted a senior representative of the wine and liquor traders and retailers associations.“Housing societies often refuse permission indiscriminately due to social stigma, even when a business fully complies with all state excise and municipal safety laws. As most of the old buildings and slums are going under SRA or redevelopment, many liquor stores will have to shut down and shift. This new rule will make it very difficult for them to open in new places. As of now also there are atleast 3/4 shops that are shut from last 2/3 years even after paying the annual renewal fee. Government should bring out a special policy of shifting for liquor stores going under redevelopment or SRA,” members added.



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