The Gujarat High Court on Wednesday ruled that malls, multiplexes and other commercial establishments, will have to provide free parking to the visitors for the first hour. The court also clarified that the establishments can charge a parking fee of maximum Rs 10 per day from two-wheelers and Rs 30 per day from four-wheelers. The verdict came from the single judge bench of justice Bela Trivedi in multiple petitions filed by the commercial establishments from Ahmedabad, Vadodara, and Surat, challenging the ban imposed on them from collecting parking fee from visitors by the respective city police administrations. The state government had earlier supported the actions of the police administrations clarifying that the responsibility of providing adequate parking facility lies with the commercial establishments. The police commissioners of the three cities in their replies submitted to the court had stated that levying parking fee on visitors by these commercial establishments amounts to an offence under Section 339 of the Indian Penal Code for wrongful restraint. During the pronouncement of the judgment on Wednesday, the court quashed the notices and orders issued by the police authorities imposing the ban on mall administrations. It also directed the urban development department to take a decision on the parking policy at the earliest to rationalise and regulate the parking fee levied by these establishments. It also directed the state government to amend the General Development Control Regulations in this regard. The court has clarified in its judgment that the government agencies can continue their drive against the encroachment of all kinds and illegal parking on public roads, including service lanes. Notably, counsels for these commercial establishments, senior advocate Sudhir Nanavati and advocates Saurin Mehta, Vandan Baxi and SP Mazmudar, had during the course of hearing submitted before the court that the authorities have no power to restrain them from collecting parking charges from visitors. He also contended that the municipal corporations are already collecting parking charges and therefore, the commercial establishments cannot be restricted from doing so because the parking lot is their property. PARKING PERKS

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