Case Law Details

Case Name : Sajeev Bhargav Ezhava Vs. Versus State Of Gujarat (Ahmedabad High Court)
Appeal Number : R/Writ Petition (PIL) NO. 94 of 2018
Date of Judgement/Order : 09/05/2018
Related Assessment Year :
Courts : All High Courts (4060) Gujarat High Court (342)

Petitioner Sajeev Ezhava, filed public interest litigation before Hon’ble Gujarat High Court contending that the parking fee collected by malls and commercial establishments is illegal and against the basis of exempting them from municipal taxes. Further, the petition said that the exorbitant parking fee leads to accidents as the visitors tend to park the vehicles outside the commercial establishments.

Advocate Vishal J Dave and Nipun Singhvi pleaded that the action of collecting parking fee by the malls and commercial establishments is illegal as the RTI made by the petitioner reveals that there is no law with regard to collection of parking fee. It was the case of petitioner that the approved building plan is not included in the FSI and also the same is exempted from levy of municipal tax. It is as per the provisions of the Comprehensive General Development Control Regulations, 2017 (CGDCR), it is compulsory for the owners of the commercial/shopping complex and malls to provide regular parking facility for the owners as well as visitors to the complex. The owners/builders availed the benefit of extra FAR by including the area meant for parking and, therefore, it is not open to them to utilise the said parking area as commercial venture and collect fee from the visitors.

Download PIL FIled by Petitioner Sajeev Ezhava

Citing similar policy of the Government of Telangana has issued Government Orders dated 20.03.18 whereby Policy of Parking for the city of Hyderabad and other urban areas of Telangana to regulate the parking charges as the huge parking fee is being collected in the commercial establishments such as malls and multiplexes etc. to avoid misuse of parking.

Petitioner had previously also filed PIL in 2016 with regard to air connectivity at Surat Airport. Petitioner is social activist and has been working for the social cause in the city of Surat. Further, the petitioner is resident of Surat City and approached the Municipal Commissioner to clarify regarding legal position , to which he answered in affirmative.

Gujarat High Court issued notice to State Government and Surat Municipal Commissioner.

Next date is fixed 25.07.2018.

Download PIL FIled by Petitioner Sajeev Ezhava

Download Judgment/Order

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5 responses to “Collecting parking fee by malls illegal : Gujarat HC issues notice (Read PIL)”

  1. ANIL says:

    Any idea how T1 and T2 terminal at Mumbai are charging heavy parking charges?

  2. VK Ghanekar says:

    what about the parking charges levied & collected by the cinema halls in the premises of shopping mall ???

  3. Rahul says:

    Suppose Mr Rahul makes a mall investing 100 crores. Now such writ petition comes that parking fees is illegal. What he should do as a business man.

    He will stop using the name parking fees and instead use the name Supervision fees(due to guards). And public will also pay. What is the option with them.

    He can also say it as vehicle Cleaning fees if he installs a tap above the entrance of parking area and make vehicles go under it. Its business that they may do.

    But I respect the decision of court and I am with it and iy should be effected by clearly defining parking meaning.

  4. Raghu says:

    Is this applies for all state or only for Gujarat State

  5. Pritpal singh says:

    What about charging of parking fees by hospitals

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