Supreme Court Asks Gujarat Govt. To Implement Common Guidelines For Parking Policy Under The Town Planning Act Or GDCR

Remarking that there could not be any different policy decisions for different corporations, the division bench of Justices MR Shah and Aniruddha Bose in their order observed that,

"It cannot be disputed that the traffic problem in the metropolitan cities in the State of Gujarat is a very serious issue because of non-availability of public parking and even sufficient parking spaces in the malls and other markets. The citizens are compelled to park on the road. There is no uniform policy and/or guidelines and/or notifications issued by the State Government."

Directions to file counter-affidavits by the Secretary, Home Department, Secretary, Urban Planning Department and Secretary, Transport before the next date of hearing was also issued in the Special Leave Petition challenging the order dated July 10, 2019, passed by Gujarat High Court.

Appearing for the State, Advocate AP Mayee had submitted that the State Government had taken a policy decision to adopt the parking policy adopted by the Surat Municipal Corporation.

While posting the matter for September 14, 2021, the bench also asked the Government to come out with a policy which shall be binding on all corporations and to see to it that the problem of parking/traffic is resolved.

Litigious Chain

The Top Court on October 15, 2019, has passed an interim direction to provide free parking to all the visitors, at least for one hour of their entry and thereafter charge reasonable parking fees commensurable to services provided by them.

"The petitioners and other similarly situated owners/managers of the commercial buildings falling in "Mercantile" and "Assembly" categories mentioned in Regulation No. 7.4 of the GDCR, shall provide free parking to all the visitors, at least for one hour of their entry, and thereafter may charge reasonable parking fees commensurable to the services provided by them. However, such fees shall not be more than Rs.30/- for four-wheelers and Rs.10/- for two-wheelers per day," Court had directed.

On January 27, 2020, the bench of Justices Deepak Gupta and Aniruddha Bose had directed the State to frame a policy whereby parking constructed by commercial establishments in Malls, hospitals and schools could be used in the nighttime by the residents of the concerned residential area on payment of some charges.

The Supreme Court on July 28, 2021, had taken note of the fact that pursuant to the Court's order, the State had taken a decision to implement the parking policy of Surat Municipal Corporation with the other Corporations.

Directions to the State's counsel to file an affidavit along with the parking policy of Surat Municipal Corporation were also issued.

Case Title: Rahulraj Mall Co-Op Service Society Limited v State of Gujarat & Ors | SLP 20600/2019

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