Free parking in malls verdict stayed by Gujarat High Court

In what comes as major relief to commercial establishments in the state, malls and multiplexes can continue to levy parking fees. 

A division bench of the Gujarat High Court has stayed an earlier verdict passed by a single-judge bench that directed these establishments to provide free parking to visitors for an hour and limit the maximum parking charges to Rs 10 per day for two-wheelers and Rs 30 per day for four-wheelers. 

The directions were stayed after Dhanlaxmi Infrastructure, the developers of VR Surat, challenged the verdict.

The division bench also stayed the court’s order directing the state government to formulate a comprehensive parking policy if it wishes to control the parking charges levied by commercial establishments. The division bench, however, clarified that the government is free to formulate a parking policy and the court’s stay should not be treated as a constraint.

Notably, the counsel for the petitioner told DNA that the Supreme Court, in its judgments, has clarified that courts cannot direct the government to frame policies as it is the prerogative of the latter. The petitioner also contended that the single-judge bench could not have issued directions to commercial establishments to provide free parking or cap parking changes, especially when there are no existing rules prescribing the same.

Earlier, Inorbit Malls had challenged the verdict and had it stayed only for Inorbit Mall. However, now, the court issued the relief for all commercial establishments across the state.