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‘COLLECTION OF LUMP SUM FEE FROM COMMERCIAL ESTABLISHMENTS FOR PARKING THEIR VEHICLES IS ILLEGAL’- MADRAS HIGH COURT
Posted on: 08/Sep/2010 1:46:15 AM
The Madras High court decreed that no private person was entitled to exclusive right to park vehicle in a notified public parking place. Further observed that Tamilnadu Motor Vehicles act has not contemplated any such reservation.
The First Bench, comprising Chief Justice M.Y. Eqbal and Justice T.S.Sivagnanam, directed the Chennai Corporation and police authorities to take action and ensure that public paid parking areas were available for use by the general public on payment of a determined fee while disposing of a public interest litigation petition. The court directed that they authorities should also ensure that the parking area was not reserved for private parties.
In his petition, K. Krishnamani sought a direction to the authorities to take action against banks, commercial establishments and hospitals in George Town, Mannady, Adyar and Greams Road for encroaching upon public roads and utilising the space for parking their vehicles. They were treating the area as their private parking zone and had posted private security persons.
Some private organisations said the Chennai Corporation collected Rs.450 per car per month and the vehicles were parked in front of their office buildings.
The Bench observed, “We fail to understand as to on what basis the private respondents earmark the paid public parking area…” What was collected by the Corporation was only a fee and did not give the private respondents the right to exclusive use of the public paid parking area.
Citing rules and sub rules, the Bench held that the collection of lump sum licensee fee from commercial establishments and exclusively earmarking the notified public parking space for private persons was illegal
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