Karnataka HC Bans Commercial Vehicle Parking on Residential Plots

Karnataka HC Bans Commercial Vehicle Parking on Residential Plots

The Karnataka High Court has issued a ruling stating that utilizing vacant plots in residential zones for commercial vehicle parking and levying fees for the same is against the law.

As per the court's directive, the municipal authority, Bruhat Bengaluru Mahanagara Palike (BBMP), is required to furnish a comprehensive project report outlining the approach to implementing Parking Policy 2.0. The BBMP has been allotted a period of six weeks to furnish this report.

In light of the court's observation that neither the BBMP nor the Directorate of Urban Land Transport (DULT) have put forward a pilot permit system and other necessary measures under the policy, despite its enactment in December 2020, this directive has been issued.

Justice Suraj Govindaraj issued the order in response to a petition filed by Nagabhushan Reddy N and his brother, who are residents of HSR Layout Sector 3. The petition challenged the utilization of plot number 7 on 19th A Cross, 17th Main Road for parking both two- and four-wheeled vehicles by the plot owner, Nagendra.

The petitioners 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 being 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 has observed that utilizing vacant plots in residential areas as charged parking facilities is not permitted under the building by-laws or Parking Policy 2.0. It highlighted that neither the law permits the issuance of a trade license nor do the zonal regulations allow for such utilization of residential plots. The BBMP informed the court that they are in the process of preparing the parking charges framework and the area parking plan in accordance with Parking Policy 2.0.

 

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