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2018 Supreme(Guj) 1055

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BELA M TRIVEDI, J.
BLB MALL MANAGEMENT COMPANY PVT LTD - Appellant
Versus
VADODARA MAHANAGAR SEVA SADAN - Respondent
Special Civil Application No. 12252, 12432, 14432, 14508 of 2018
Decided on : 17-10-2018

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.

Headnote:

Constitution of India, Art. 226 – General Development Control Regulations, 2017 – 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 Regulations, 2017 – Held, Public streets and roads vest in the State and that the members of the public are entitled as beneficiaries to use them as a matter of right – Desirable for the State Government to take a decision on the "parking policy" to rationalize and regulate the parking fees being collected at the commercial complexes/malls/multiplexes, as also at the public places/roads/streets, and appropriately amend the GDCR – Directions issued – Petition disposed of. [Para 25, 26]

Facts of the Case:

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 Regulations, 2017

Finding of Court

Public streets and roads vest in the State and that the members of the public are entitled as beneficiaries to use them as a matter of right – Desirable for the State Government to take a decision on the "parking policy" to rationalize and regulate the parking fees being collected at the commercial complexes/malls/multiplexes, as also at the public places/roads/streets, and appropriately amend the GDCR – Directions issued

Result: Directions issued – Petition disposed of

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 after obtaining valid permissions (Raja Chitthis) and as per the building plans approved by the competent authorities. The petitioner was collecting parking charges from the visitors in order to facilitate the parking of their vehicles in the parking space provided by the petitioner. The said parking charges were being collected at a very nominal rate to meet with the expenditure incurred by the petitioner for deploying the security guards to manage the parking at the said multiplexes. The respondent Assistant Commissioner of Police, Vadodara City, however, issued a Notice (Annexure-C) to the Manager of the petitioner, informing him that the collection of parking charges was violative of the GDCR and the BU permission. He, therefore, was called upon to remain present in his office on 26.7.2018 along with the necessary documents to show as to under what authority the petitioner was collecting the parking charges. The manager of the petitioner accordingly had remained present before the authority and pointed out that there was no restriction under any law from collecting the parking charges, and that the notice was issued without jurisdiction. However, the petitioner was again served with the letter dated 26.7.2018 by the Police Inspector, Traffic Branch, Vadodara, informing the petitioner that if the petitioner collected the parking charges, necessary legal action shall be taken against the petitioner. The petitioner also received one notice dated 24.7.2018 from the Deputy Town Development Officer, Vadodara Municipal Corporation, directing the petitioner to take care that the visitors park their vehicles in the parking space. According to the petitioner, the issue with regard to the rates of parking charges, was earlier challenged in Special Civil Application No.17270 of 2014 and in Special Civil Application No.17552 of 2014, wherein the Court while admitting the petitions, and without prejudice to the rights and contentions of all the parties, had recorded the declaration made by the petitioners that they will charge Rs. 10/- for two-wheelers and Rs. 25/- for four-wheelers towards parking charges. The petitioner, therefore, has challenged the impugned notices issued by the Assistant Commissioner of Police and the Police Inspectors, Vadodara City, on the ground of being arbitrary and without any authority of law.

2.2 Special Civil Application No.12432 of 2018:- The petitioner in this petition is also a Private Limited Company, running a mall and multiplex by the name "Centre Square", near Genda Circle, Vadodara since 2009. According to the petitioner, the petitioner had put up construction of the said mall as per the valid permission (Raja Chtthi) issued by the Vadodara Corporation and as per the plans sanctioned by the competent authority. However, the p

















































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