The MCD’s counsel had argued that if the mall is permitted to charge parking fees, people intending to visit the mall would park their vehicles on roadsides, leading to traffic congestion.
The Court replied it was the responsibility of the authorities to ensure that vehicles are not parked in no-parking zones. The municipal authority cannot intrude into a commercial establishment’s functioning by citing such reasons, the Court added.
“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. Merely because the concerned authorities are finding it difficult to enforce traffic laws is clearly no ground for MCD to intrude into the functioning of a commercial enterprise and insist that parking be provided free of cost,” the Court concluded.
Source: Barandbench
