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A writ petition was filed by the mall owners against an order by traffic police authorities asking them to desist from charging parking fee on the ground that GCDR did not permit it. Single bench judge accepted the contention and quashed the orders of traffic police, and observed that parking fee cannot be exorbitant and proceeded to issue a direction for framing a guideline to regulate parking fee. The Division Bench re-examined the issue and held mall owners could collect parking fees. The Court noted it as their statutory duty under the building regulations to provide parking space and not fundamental right under Article 19(1)(g). The Appeal was disposed with the observation that the authorities were entitled to enforce their orders against the mall owners regarding parking fee. The Division Bench of Acting Chief Justice Anant Dave and Justice Biren Vaishnav reached the conclusion that building owners should "provide" car parking space. The word “provide” connotes that it should be given without charging any fee, reasoned the bench. “Provide” also connotes to make available for use; supply". Regulation 8.12 of the Gujarat Comprehensive General Development Regulations 2017(GCDR), he term `provide' is frequently used and it can safely be inferred that parking is to be `made available for use' to visitors by the owners of a mall or the respective shop/ establishments, as the case may be, without charging any fee for the same", the bench said in its judgment. Thus, the High Court ruled that malls, multiplexes, shopping establishments etc., have to provide parking to the customers without collecting any fee from them.
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