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Gujarat High Court stays lower court's direction on free parking

The single judge bench had directed the commercial establishments to make parking free for an hour and cap the maximum parking charges to Rs 10 and Rs 30 for two-and-four-wheelers, respectively, in a day

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People might have to shell out money, as usual, to park their vehicles at malls and multiplexes with a division bench of the Gujarat High Court staying the directions issued by a single judge bench of the court regarding parking fee to be charged by these commercial establishments.

The single judge bench had directed the commercial establishments to make parking free for an hour and cap the maximum parking charges to Rs 10 and Rs 30 for two-and-four-wheelers, respectively, in a day.

However, the stay will be applicable only for Inorbit Mall in Vadodara which had moved the division bench against the single judge's order, whereas other malls in the state will still have to comply with the single judge's order. The division bench of chief justice R Subhash Reddy and justice VM Pancholi also stayed the single judge's direction to the state government to formulate a parking policy to regulate parking fee levied by commercial establishments.

Notably, senior counsel Mihir Joshi appearing for Inorbit Malls Private Limited contended that the single judge bench could not have directed commercial establishments to provide free parking to visitors for an hour and cap the maximum parking charges to be levied by them in the absence of any rules. Also, the court could not have directed the state to formulate a parking policy because it is the prerogative of the state government.

Joshi submitted that the directions issued by the single judge were beyond the scope of prayers made by the malls and multiplexes which had earlier moved court. Notably, malls and multiplexes administrations from Ahmedabad, Surat, and Vadodara, had moved the single judge bench of the high court against the ban on them from collecting parking fee imposed by the respective city police administration.

ORDER ORDER

The division bench of chief justice R Subhash Reddy and justice VM Pancholi also stayed the single judge’s direction to state government to formulate a parking policy to regulate parking fee levied by commercial establishments.

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