Karnataka HC bans commercial parking on residential empty plots

03 Jun 2024 CW Team

The High Court ruled that it is against the law to utilise an empty plot in a residential area for parking commercial vehicles and collecting fees for it.

The court instructed the municipal body, Bruhat Bengaluru Mahanagara Palike (BBMP), to present a detailed project report on how to implement Parking Policy 2.0. The BBMP was given six weeks to submit the report.

This directive followed the court's observation that both the BBMP and the Directorate of Urban Land Transport (DULT) had not proposed a pilot permit system and other measures under the policy, despite it being in effect since December 2020.

Justice Suraj Govindaraj issued the order in response to a petition filed by Nagabhushan Reddy N and his brother, occupants of HSR Layout Sector-3. They had challenged the use of plot number 7 on 19th A Cross, 17th Main Road for parking two- and four-wheeled vehicles by the site owner, Nagendra. They complained that the parking activities caused disturbances for locals due to driver conduct and frequent vehicle movement. In his defense, Nagendra argued that he was unfairly targeted, despite other similar facilities operating in the area, because the previous owner of the plot had refused to sell it to the brothers.

The court noted that using empty plots in residential areas as charged parking facilities is neither allowed in the building by-laws nor in the Parking Policy 2.0. It pointed out that neither the law permits the granting of a trade license nor do the zonal regulations allow for such use of residential plots.

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