Malls, multiplexes can’t charge parking fees, clarifies Gujarat High Court

July 11: In a landmark judgement, Gujarat High court on Wedensday clarified that malls, multiplexes, shopping establishments etc., have to provide parking to the customers without collecting any fee from them. It is the duty of malls and multiplexes to provide parking to visitors. A bench of Chief Justice Anant S Dave and Justice Biren Vaishnav said this in its order on an appeal filed by Ruchi Malls Pvt Ltd, challenging the order of a single-judge bench barring commercial complexes from collecting fee for parking vehicles for the first hour.

The division bench also held that the single-judge bench’s order directing the state government to frame a policy to regulate parking was not permissible in exercise of powers under Article 226 of the Constitution. The court said that mall owners already avail the benefit of exclusion of the floor space index (FSI) towards parking and undertake to provide parking space in such excluded FSI. They also undertake to provide parking facility to visitors while obtaining building use permission, it said, adding, “Hence, such benefit of FSI towards parking is ultimately required to be passed on to public at large.”

The bench went on to add : “At the most, it can be said that the maintenance cost for the parking space, which is to be mandatorily provided as per GDCR, may be proportionately borne by the owner of the mall and occupant/owner of such shops, multiplexes, restaurants, etc., depending upon the nature of their contract, but by no stretch of imagination can it be said that the visitors of such shops, multiplexes, restaurants, etc. will have to be burdened with parking fee.”