Delhi High Court: MCD Cannot Compel Pacific Mall to Provide Free Parking

LI Network

Published on: November 23, 2023 at 01:50 IST

The Delhi High Court has ruled that the Municipal Corporation of Delhi (MCD) cannot direct a commercial entity such as Pacific Metro Mall to offer free parking to visitors solely due to traffic control challenges.

The court set aside an MCD order that prohibited the mall from charging parking fees. Justices Vibhu Bakhru and Amit Mahajan emphasized that the Unified Building Byelaws for Delhi only regulate a building’s construction, not its use after completion.

The court stated that the MCD’s order constituted an intrusion into the functioning of a commercial enterprise and was not justified by the challenges faced by traffic authorities.

The decision followed a challenge to a 2020 judgment upholding the MCD’s order. Pacific Metro Mall’s owner, Pacific Development Corporation Limited (PDCL), argued that charging parking fees is not prohibited as long as the building conforms to its sanctioned use.

The court concluded that the MCD’s order amounted to expropriation without legal authority and set it aside.

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