The establishments also contended that municipal corporations are already levying parking charges on motorists, but when they are levying the same, it becomes ‘illegal’
The state government has justified the action of the municipal corporations and police administrations of Ahmedabad, Vadodara and Surat, which are trying to impose a ban on commercial establishments from levying parking fee on visitors. Notably, the malls and multiplexes administrations from these three cities have challenged the move of the authorities before the Gujarat High Court, which was hearing the case on Friday.
While the commercial establishments had pointed out that the state authorities do not have any power to impose such restrictions on them, the government submitted that the authorities have drawn powers from the Bombay Police Act and from the judgment by a division bench of the High Court. Government pleader Manisha Shah pointed out that the division bench in a public interest litigation had taken up the issue of strays and traffic snarls on busy roads due to haphazard parking and directed the authorities to take corrective measures.
After the submissions made by the state government before the single judge bench of justice Bela Trivedi, the counsels for the commercial establishments pointed out that the government is resorting to double-standards on the issue.
Their contention was that on one hand, the municipal corporations are charging them property tax under the head of ‘pay and park’, and on the other hand, police is restraining individual commercial establishments from levying parking fee on visitors. The establishments also contended that municipal corporations are already levying parking charges on motorists, but when they are levying the same, it becomes ‘illegal’.
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 (IPC) for wrongful restraint.
GOVT JUSTIFIES ACTION
State has justified the action of municipal corporations & police administrations that are trying to impose a ban on commercial establishments from levying parking fee on visitors at malls, multiplexes
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