In the recent years, the Country has witnessed an evident increase in the number of motor cars. This led to problems concerning parking fees in various malls and multiplexes.
The issue was brought before a single judge bench i.e. Justice Bela Trivedi under a Writ Petition filed under Article 226 of the Constitution. It was held that charging parking fees was a basic right of the malls and shop and establishment owners under the Gujarat Comprehensive Development Regulations, 2017 and directed the State Government to regulate the Parking Regulations.
The petitioners i.e. Ruchi Mills Pvt. Ltd and other owners contented that charging parking fees is included in Right of Freedom of Trade guaranteed in Article 19(1)(g) of the Constitution.
The appeal was made to the Divison Bench with the Chief Justice of Gujarat High Court i.e Justice Anant Dave and Justice Biren Vaishnav.
The Division Bench reversed the decision of the Single Bench and corrected the errors of Judgement by the Single Bench and considered it as a miscarriage of Justice as parking fees charged from public cannot be considered reasonable.
It was held that charging of parking fees cannot be considered as essential part of Freedom of Trade which is a Fundamental Right enshrined in Part III of the Constitution.
It further held that the benefit of it shall be given to the Public at large and shall be contributed to the Shop and Mall Owners.
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