Malls can't levy parking fee on visitors, says Gujarat government

The state government and the AMC on Monday submitted before the Gujarat High Court that there are no legal provisions for malls, multiplexes, and similarly situated commercial establishments, to levy parking fee on visitors.

Both, AMC and state government, have also clarified that the commercial establishments are under an obligation as per the General Development Control Regulations, 2017, to provide ample parking space to the visitors.

The submissions were made in response to an earlier query made by the high court's division bench of Justice AS Dave and Justice Biren Vaishnav on the mandatory provisions related to parking as prescribed under the GDCR. Notably, the division bench is hearing a bunch of litigations between commercial establishments and the state government over the former's right to levy parking charges on visitors.

The state government in its affidavit submitted on Monday pointed out that the realtors erecting huge super-structures have failed to provide adequate parking space to the visitors leading to serious traffic congestion. The affidavit provides that it is the obligation of the commercial establishments to ensure that ample parking space is provided to visitors so that it does not add to the traffic burden in the area.

The state government has also submitted that the building use permission provided for any structure contains detailed specifications for parking which the owners of the structure have to strictly adhere to. It has been also submitted that the commercial establishments have to keep a fixed percentage of the total areas as parking.

The commercial establishments have challenged the order of a single-judge bench, which capped the maximum daily parking charges to Rs 10 for two-wheelers and Rs 30 for four-wheelers. The bench had also directed the state government to frame a comprehensive parking policy if it wishes to control the charges levied by these establishments. Senior advocate Mihir Joshi, appearing for Ruchi Malls Private Limited, had earlier argued that the single-judge bench could not have issued directions to commercial establishments capping the maximum parking charges in the absence of any rules in this regard. He had also contended that court could not have directed the state government to frame parking policy, as it was the prerogative of the legislature.