Malls cannot ask for parking fees: Gujarat HC

AHEMEDABAD: The Gujarat High Court have passed a judgement over the parking fees being charged by mall and multiplex owners to its visitors. The high court on July 10, ruled that mall and multiplex owners have no power to charge parking fees. The state government have been asked to frame a policy in regards of unnecessary parking fees imposed by owners of mall and multiplex by a bench of Chief Justice A S Dace and Justice Biren Vaishnav, Gujarat High Court.

The order came into light after hearing of a petition filed by mall owners, who challenged the earlier order passed by a single-judge directing malls/multiplexes to provide free parking’s to visitors for first hour. The bench said, “We do not find any substance in the appellants’ submission that they can charge parking fees as part of their right to carry on business under Article 19(1)(G) of the Constitution.”

The court added that, “The submission providing free parking will deprive mall owners the use of their property is also devoid of substance. They cannot compare their case to parking fees charged by the municipal corporation as civic body solely incurs expenses to provide and maintain parking space in open.”

The court also said, “Even before erecting the superstructure, mall owners avail benefit of exclusion of floor space index (FSI) towards parking. They undertake to provide parking space in such excluded FSI. Even while obtaining building use permission, they promise to provide parking facility to visitors. Hence such benefit of FSI towards parking needs to be passed on to public.”

There is also no provision in the law that suggest private establishments can ask for parking fees, the court stated.