Authority: Supreme Court of India (Civil Appellate Jurisdiction)
Order Date: 15 September 2026
Case Overview
- Parties: Rahulraj Mall Co‑Op. Service Society Limited (appellant) vs State of Gujarat & others (respondents).
- Nature of Dispute: Whether mall owners and owners of other township properties in Gujarat may collect parking fees/charges from visitors and members of the public.
- Procedural History:
- Petition filed before the High Court of Gujarat; Single Judge allowed the writ petition.
- Division Bench of the High Court, in Letters Patent Appeal No. 1412 of 2018, held that mall owners are not entitled to collect parking fees and fixed rates for such fees.
- The matter was heard on multiple occasions, and the Ahmedabad Municipal Corporation along with the State of Gujarat were directed to frame a comprehensive parking policy.
- Developments: A comprehensive “Parking Policy, 2021” has been framed by the Ahmedabad Municipal Corporation, governing parking charges for malls and other public/commercial places.
- Court’s Observations: Since a statutory body with expertise has already framed a comprehensive parking policy, the Division Bench order is untenable and is set aside.
Final Outcome
- The Division Bench order dated 10‑07‑2019 is set aside; no further adjudication remains on the appeals.
- The appeals are disposed of; the appellants must strictly abide by the Parking Policy, 2021 and any future parking policies that may be framed by the Ahmedabad Municipal Corporation or the State Government.
- The State/competent authority retains the right to provide and prescribe rates and regulations for parking of vehicles for persons visiting malls and other public/commercial places.
- All pending interlocutory applications, including applications for intervention, stand disposed of.
Topics: Parking Policy, Mall Parking Fees, Judicial Review