( 1 ) AN interesting question as to authority and power of the Municipal Corporation of Hyderabad (MCH) to regulate the parking area and levy parking fee on vehicles parked thereat inside a private commercial complex falls for consideration in these writ petitions. Therefore, all the writ petitions are being disposed of by this common order.

( 2 ) THE petitioners claim to be agreement holders/licensees for collection of parking fee from the visitors in commercial complexes like Amrutha Mall, Rahmat Complex, Aditya Enclave. Navakethan Building, White House and Divyashakthi Apartments. It is their case that as per the agreement/contract they have exclusive privilege of collecting parking fee from visitors who come to the commercial complex for their business as well as other needs. In most of the cases, it is valid for a period of one to two years and the licensee is entitled to collect parking fee on four wheelers and two wheelers as stipulated in the agreement. It is the case of the petitioners that they have parted with substantial amounts as security deposit and they are required to pay substantial amount as rental. The details as to when various complexes were constructed by a person or organisation or builders; as to when the owners of various shops/units formed into an association and the objectives of such association are not forthcoming in the pleadings.

( 3 ) THE MCH, the first respondent herein, published a notice informing general public as well as visitors to various commercial complexes that collection of parking fee by the owners of commercial complexes is illegal and contrary to the building plan sanctioned by it, that due to collection of parking fee by the owners of the complexes, all the visitors are parking their vehicles on the outside road margin resulting in traffic problems and that MCH will take appropriate action against those collecting parking fee illegally. The notice was published in the Telugu Newspaper Eenadu dated 6-1-2003. The English translation annexed to W. P. No. 1180 of 2003 reads as under. It is brought to the notice of Commissioner, Municipal Corporation of Hyderabad that heavy fees are being collected from the public for parking the vehicles in the place meant for parking in commercial/office complexes. The place earmarked for parking multistoreyed commercial/office complexes is place meant for parking by public without any fee. Further, as per G. O. Ms. No. 423 (MA), dated 31-7-1998 and Zoning regulations and sanctioned plan of M. CH. the area reserved for parking does not include F. S. I. The collection of such fee amounts to business and against the sanction of M. C. H. for parking. It is the duty of owner of every complex to provide free parking to the people who visit such complex for shopping. If fee is collected the earmarking of parking place in commercial/office complexes will become futile. People are parking their vehicles in the road margin as complex owners are collecting fee and resulting in traffic problems and accidents. Hence all the concerned are hereby cautioned that parking fee should not be collected in parking areas in commercial/office complexes. collection of such fee amounts to violation of sanctioned plan and it will be treated seriously and M. C. H. will take appropriate action against those persons. The general public is also requested to inform the M. C. H. about collection of any such fee to take appropriate action.

( 4 ) THE further case of the petitioners is that MCH has no power either under Section 586 (5) of the Hyderabad Municipal Corporation Act, 1955 ( hmc Act for brevity) or the regulations for rationalization of floor area ratio (FAR) issued in G. O. Ms. No. 423, Municipal Administration and Urban Development (MI) (MA) Department, dated 31-7-1998. Under clause (5) of Section 586 of the HMC Act, MCH is conferred with the power to make bye-laws for regulating and collecting parking fee which belong to them. It has no such power to re