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2018 Supreme(Guj) 1055

BELA M TRIVEDI
BLB MALL MANAGEMENT COMPANY PVT LTD – Appellant
Versus
VADODARA MAHANAGAR SEVA SADAN – Respondent


Advocates:
Advocate Appeared:
S.P. Majmudar, Adv., Tejas K Motwani, Adv., Nandish Y Chudgar, Adv., Kunal J Vyas, Adv., Hard S Soni, Adv., Saurin Mehta, Adv., Manisha Lavkumar Shah, Adv., Jyoti Bhatt, Adv., Tirthraj Pandya, Adv., Dhaval Nanavati, Adv., Satyam Chhaya, Adv.

JUDGMENT

BELA M. TRIVEDI, J.

1. The main issue amongst other peripheral issues that falls for consideration before this Court is, whether the respondent Police Authorities could threaten the petitioners, who are the owners/managers of the malls/multiplexes to criminally prosecute them, if they collected parking fees from the visitors for parking their vehicles in the area earmarked for parking in their respective commercial complexes as required to be provided under the General Development Control Regulations, 2017 (hereinafter referred to as "the GDCR"). Considering the nature of issues involved in the petitions, they were heard together and are being finally decided at the admission stage, with the consent of the learned Advocates for the parties.

2. The facts in nutshell of each petition may be stated as under:-

2.1 Special Civil Application No.12252 of 2018:- The petitioner is a Private Limited Company, running two Multiplexes by the name "Cinemarc Theaters" at Vadodara. The first Multiplex situated at Pratapnagar, was opened in the year 2009 and the second Multiplex situated on VIP Road, was opened subsequently. According to the petitioner, both the properties were constructed aft


















































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