Delhi High Court Sets Aside Municipal Corporation Order Directing Pacific Mall Not To Charge Parking Fee From Visitors
Case: PACIFIC DEVELOPMENT CORPORATION LTD. (CONCESSIONAIRE OF DELHI METRO RAIL CORPORATION) v. SOUTH DELHI MUNICIPAL CORPORATION & ANR
Coram: Justice Vibhu Bakhru and Justice Amit Mahajan
Case No.: LPA 130/2020
Court Observation: “We are unable to concur with the view of the learned Single Judge that charging of parking fee runs contrary to the spirit of the Building Byelaws. As stated above, the scope of the Building Byelaws is limited to enforcing the norms for buildings and its use in accordance with the MPD-2021,”.
“As noted above, Mr. Arora (Counsel for SDMC) is unable to point out any provision of the Building Byelaws (other than stating that parking the spaces are not included in FAR), which would entitle MCD to direct PDCL to provide parking space free of charge. This would clearly amount to expropriating the appellant’s property without the authority of law,”.
“The field covered by the Building Byelaws relates to building norms and standards for specified buildings in permissible zones. The said byelaws do not control or monitor any aspect of the use of building. Thus, if the buildings are constructed in accordance with the Building Byelaws and are used in accordance with the permissible use, the same are duly satisfied,”.
“MCD certainly would not be concerned with the lease or license conditions of a retail shop in a District Court Complex or whether operation of a library in the said complex is remunerative. So long as the activities carried out in a District Court Complex fall within the scope of the permitted activities, the development control norms and the Building Byelaws would be duly complied with.”
“It was also contended by Mr. Arora that if PDCL is permitted to charge parking fees from the persons visiting the Pacific Mall, they would tend to park their vehicles on the margin of the road, which would lead to traffic congestion. We are not impressed by this contention. It is clearly for the concerned authorities to ensure that vehicles are not parked in no parking zones,”.
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Delhi High Court Sets Aside Municipal Corporation Order
