Monday, December 24, 2018

‘Malls can’t charge parking fee’ Gujarat Govt's say in Gujarat HC

The state government and the Ahmedabad Municipal Corporation (AMC) have told Gujarat high court that malls and multiplexes do not have any power to collect parking charges from visitors.
In response to the queries posed by the HC, the civic body and the state government’s town planning and valuation department said that under the provisions of Gujarat Provincial Municipal Corporation (GPMC) Act and the Comprehensive General Development Control Regulations (CGDCR), commercial buildings are not empowered to charge parking fees from visitors of premises.

The senior town planner submitted that the parking facility is to be made available as stipulated under the CGDCR rules, which are in consonance with the use of the building. Ruchi Malls’ building is categorized as mercantile and hence it is required to provide minimum 20% of required parking as visitors’ parking.

The HC was also informed that when appellant Ruchi Malls Pvt Ltd’s mall at Vastrapur was constructed, the authorities granted BU permission after ensuring that 30% space was reserved for parking and 20% space was spared for parking for visitors. The recently amended rules now provide for 50% space for parking.
It was emphasized that the mall owners are under obligation to provide ample parking space to visitors. They are required to allocate 50% of required visitors’ parking at ground level and 50% of all required parking for cars.

The appeal was filed by Ruchi Malls after the high court ordered for all malls and multiplexes to provide free parking facility to visitors for the first hour.

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