Can’t Use Municipality-Owned Shopping Complex’s Parking Space For Dharna Or Public Meeting Without Official Permission: Kerala High Court
Case: Priyesh B Kartha V. The Deputy Superintendent Of Police
Coram: Justice N Nagaresh
Case No.: WP(C) NO. 7181 OF 2023
Court Observation: “Though every citizen has a right to access to the Shops in the building, the open space is intended for parking of the vehicles of the customers only. Therefore, such spaces can have a status of semi-public space only. No organisation or group of citizens can claim a right to organise Dharna or public meeting in such places, without the permission of the Municipality.”
“Exercise of many of the fundamental rights by citizens like freedom of expression, right to assemble, right to travel, etc., depend on the availability of physical public space. Absence of public space may hinder exercise of many human rights. Human Rights activists across the world often argue in favour of Right to Public Space. Constitution of India also recognised the importance of public spaces. Article 15 states that persons who are citizens of India must have equal access to public places like Shops, public restaurants, hotels and places of public entertainment.” “Rule 17 of the Rules, 2019 makes it the duty and responsibility of the owner/developer to furnish details of parking spaces and area earmarked. After construction of a building, the parking area earmarked for the building cannot be used for any other purpose unauthorisedly. Such parking spaces cannot be converted as autorickshaw stand or taxi stand either,”
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Can’t Use Municipality-Owned property
