Delhi High Court Upholds Parking Fees for Hospitals and Malls
The Delhi High Court confirmed that hospitals and malls in the city can legally charge parking fees, dismissing MCD's challenge. The ruling referenced a previous decision and emphasized that parking is part of city planning rules, authorizing charges for parking services.
- Country:
- India
The Delhi High Court has upheld the legal right of hospitals and commercial establishments, such as malls, to charge parking fees. This verdict dismisses the Municipal Corporation of Delhi (MCD)'s challenge that such charges should not be allowed.
Presiding over the case, Justice Mini Pushkarna referenced a settled precedent from November 2023, highlighting that the practice of charging for parking is permissible. The MCD had argued against the fees, citing that parking areas do not contribute to the building's Floor Area Ratio (FAR), a stance the court has labeled as 'flawed.'
The court ruled that parking provisions are integral to the city's Master Plan 2021 and allowed businesses the right to levy charges for parking. Furthermore, the Supreme Court had rejected an appeal from the MCD in April 2024, rendering the decision conclusive. With representation from senior lawyer Dr. Lalit Bhasin for Apollo Hospital and Siddharth Gupta for MCD, the court suggested possible amendments to lease agreements to reflect the ruling, concluding the case and related disputes.
(With inputs from agencies.)
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