Inorbit Malls Private Ltd approaches HC division bench against single judge bench order
Even before the Gujarat High Court's order for an hour's free parking in malls and other commercial establishments is implemented, a petition has been filed by Inorbit Malls Private Limited challenging the verdict of the single judge bench of justice Bela Trivedi pronounced on October 17.
Notably, justice Trivedi in her judgment had not just ordered the commercial establishments to provide free parking for an hour to visitors, but had also capped the maximum parking charges in a day to Rs 10 for two-wheelers and Rs 30 for four-wheelers. The court had also directed the state government to frame a parking policy if it wishes to control the parking charges levied by commercial establishments.
The verdict came following the petitions filed by malls and multiplexes from Ahmedabad, Vadodara, and Surat, challenging the diktat of their respective city police administration imposing a ban on them from collecting parking fee from visitors.
Now, Inorbit Malls through its counsel Salil Thakore has challenged the single judge's order before a division bench contending that in the absence of any rules, the court cannot direct commercial establishments to provide free parking. The petitioner has also contended that the court cannot cap the maximum parking charges and direct the state government to frame a parking policy.
The petition is likely to be taken up for hearing by the high court's division bench of chief justice R Subhash Reddy and justice VM Pancholi on Wednesday.
Interestingly, these commercial establishments had submitted before the single judge bench that the police authorities have no power to restrain them from collecting parking charges from visitors. It was also contended that the municipal corporations are already collecting parking charges and therefore, the commercial establishments cannot be restricted from doing so because the parking lot is their property.
Meanwhile, the state had supported the actions of the respective city police administrations clarifying that the responsibility of providing adequate parking facility lies with the commercial establishments. The police commissioners of the three cities in their replies submitted to the court had stated that levying parking fee on visitors by these commercial establishments amounts to an offence under Section 339 of the Indian Penal Code for wrongful restraint.
WHAT HC SAID
- Justice Bela Trivedi had ordered the commercial establishments to provide free parking for an hour
- She had also ordered capping the parking fee for two-wheelers at Rs 10 and Rs 30 for four-wheelers
- Court had asked the state to control parking charges levied by the establishments
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