Multiplexes and shopping malls not allowed to collect parking fee : Gujarat HC
A writ petition was filed by Ruchi Malls Pvt Ltd. and other mall owners against an order given by traffic police authorities asking these Institutions to desist from charging parking fee. In this writ petition a single Judge bench judgement came directing the state government to frame a policy for regulating parking fees. Appeals were being filled to the division bench of the Gujarat High Court consisting of Acting Chief Justice Anand Dave and Justice Biren Vaishnav.
The division bench of the Gujarat High Court contented that correct interpretation of provisions of Gujarat building and town planning laws states that malls, shopping complex and other multiplexes have to provide car parking spaces to individuals without collecting any fees from them. The word ‘provide’ means to supply , something is to be provided means something is to be provided without charging any cost for the same.
The division bench reviewed the matter and did not agree with the contention of the owners that collecting parking fees was their fundamental right to trade, given in Article 19(1) g of the Indian Constitution , therefore the appeals were disposed off.
However court also mentioned that the cost of maintenance for the parking space can be proportionately borne by the owner of the mall and the owner of such shops, multiplexes etc depending upon their contract but the burden of the same cannot be shifted on the consumers.
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