Mall and multiplex owners of Vadodara, Surat and Ahmedabad had appealed to the High Court on to levy parking charges on visitor’s vehicles. Police commissioners of these cities had prohibited commercial establishments’ owners to stop charging for the parking by circulating notifications. Upon police’s orders, owners filed a petition to the court.
Police commissioners of all the three cities filed an affidavit in reply to those who had appealed to the state’s apex court. As per police, they had cited an order released by Andhra Pradesh HC stating not allowing free parking in malls and multiplexes invites charges under section 339 of the IPC, for wrongful restraint.
Owners of such establishments are demanding their right of charging parking fees whereas on the other hand, police says due to the parking constraint on the roads and city traffic charging fees is an offence under section 339. Adding to that, owners are saying that police authorities have got no power to stop the owners from charging parking fees. However, they can at most insist them on keeping enough parking spaces on their properties
State government’s PIL is pending before High Court on seeking for disallowing malls and commercial establishments to charge parking fees.
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