Will They Fall In Line?
India Legal|October 07, 2019
This has been a contentious issue with malls and commercial establishments and the matter has now gone up to the Apex Court
RK Misra
Will They Fall In Line?

It just takes an ant to bring down an elephant. The insignificant Indian, coerced to cough up cash at every point, has cause for some cheer. This is because a small issue which touches a myriad lives has now reached the Supreme Court after exhausting itself in the courtrooms of Gujarat.

Malls, multiplexes and commercial establishments countrywide have been charging for vehicle parking every day over the last few years, turning it into a virtual scam. The lack of a clear-cut policy on this has caused large-scale consumer exploitation. But no longer.

On July 10, 2019, the Gujarat High Court put a stop to these charges but the owners of these establishments were not ready to take its verdict lying down and approached the Supreme Court. The apex court has issued a notice to the Gujarat government to file its reply by October 15.

The story unfolded in July 2018 when the Ahmedabad, Vadodara and Surat police commissioners imposed a ban on malls, multiplexes and commercial establishments levying parking charges on visitors after PILs were filed on the issues of road quality, traffic and parking. The owners of malls and multiplexes approached a single-judge bench of the Gujarat High Court against the notifications.

In their petition, mall owners questioned the notifications of the police chiefs and asserted that collecting parking fees from visitors was their right. Also, under no law did the police authorities have powers to stop them from collecting such charges. The authorities, at best, can insist on keeping enough parking space in their complexes, but cannot restrain them from charging parking fees.

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