Parking Fees By Shopping Malls Challenged – Gujarat HC Asks Under What Powers Are You Charging?
As per a 15 year old verdict, charging parking fees is illegal.
How often have wondered about the exorbitant parking fees charged by shopping malls in India – Not only you need to spend your time and money on reaching the mall, but also spend on parking, which ideally is the responsibility of the shop-owners and the mall.
At last, this parking fees problem is being questioned, and thankfully, our judiciaryis also supporting this cause.
This is what Gujarat High Court asked the shopping malls on this issue..
Gujarat High Court To Mall: How Are You Charging Parking Fees?
Recently, Acting Chief Justice AS Dave and Justice Biren Vaishnav from Gujarat High Court challenged shopping malls, and questioned on what basis and on what power are they charging parking fees from consumers.
The case was related to the parking fees verdict by the single judge bench of justice Bela Trivedi at Gujarat Highcourt, wherein it was ordered that shopping malls (and all commercial establishments) will have to provide free parking for an hour, and the parking charge will have to capped at Rs 30 for four-wheelers and Rs 10 for two-wheelers.
This verdict was challenged by Ruchi Malls Private Limited in the Gujarat High Court.
In return, the mall owners received a more strict verdict, and were questioned on which authority were they charging the parking fees.
State Govt. Supports Free Parking
In this case, the State Govt. of Gujarat has supported the petitioners, who are demanding free parking in the shopping malls, and other commercial establishments.
As per the Govt., there exists no rules or regulations, which support this high parking fees charged by shopping malls.
Besides, as parking facilities encourage more traffic, and more pollution, this whole concept of paid parking needs to be removed.
Gujarat High Court has now ordered the State Govt. to formulate rules and regulations related to the parking fees in shopping malls, and update them.
Shopping mall owners from Vadodara, Surat, and Ahmedabad have already challenged the single-bench Judge’s order against paid parking.
Parking Fees Is Illegal: Hyderabad High Court
15 years ago, in the CH Madan Mohan Vs Municipal Corporation of Hyderabad case, the Hyderabad High Court had categorically stated that collecting parking fees by commercial establishments is against law.
The bench had ordered: “Parking fee is an illegal amount collected from the consumers and violates two state laws.”
However, none of the shopping malls in and around Hyderabad are following this order, and consumers are suffering due to this.
Hopefully, the Gujarat High Court order will bring some sanity, and law-enforcement, when it comes to parking fees.
Do you think that shopping malls are correct in challenging anti-parking fee order? Do let us know by commenting right here!