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Gujarat HC asks malls to file reply against proposed ban on levying parking fee

The arguments of the state government have been vehemently opposed by these commercial establishments claiming that the state authorities like municipal corporations and police do not have the authority to impose such a ban on them

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The Gujarat High Court has directed the malls and multiplexes administrations from Ahmedabad, Vadodara, and Surat, to file a written submission of their arguments against the state's proposed ban on them from collecting parking fee from visitors. The single-judge bench of justice Bela Trivedi directed the commercial establishments to file the submissions by Monday when the issue will be taken up for further hearing.

Notably, the commercial establishments from these three cities have challenged the move of the authorities before the High Court, which was hearing the case on Saturday. Interestingly, the police commissioners of the three cities had earlier submitted to the court that levying parking fees on visitors by these commercial establishments amounts to an offence under Section 339 of the Indian Penal Code for wrongful restraint. The Section provides whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said to wrongfully restrain that person. The state government had also pointed that the responsibility of providing adequate parking facility lies with the commercial establishment.

The arguments of the state government have been vehemently opposed by these commercial establishments claiming that the state authorities like municipal corporations and police do not have the authority to impose such a ban on them. Another argument was that the state government was resorting to double standards where on one hand civic bodies are charging property tax from commercial establishments under the head of 'pay and park', and on the other hand, they are being restrained from collecting parking charges. The establishments have also argued that when municipal corporations are already engaged in operating pay and park facilities across cities, how it can become 'illegal' for them.

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The arguments of the state government have been vehemently opposed by these commercial establishments claiming that the state authorities like municipal corporations and police do not have the authority to impose such a ban on them.

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