HC Orders Survey On Illegal Parking In Lucknow, Asks Whether Multiplexes, Cinema Halls, Shopping Malls Levy Parking Charges From Public

The Allahabad High Court has directed the Lucknow Municipal Corporation to conduct a survey within the municipal limits of Lucknow and submit a report to the Court as to at what places such illegal parkings are being organized.

The Court has also sought the response of Lucknow Development Authority on whether the big commercial buildings such as multiplexes, cinema halls, theaters, auditorium and shopping malls are providing parking facilities and as to whether they are charging from the general public for providing such facilities.

“The Lucknow Municipal Corporation is directed to conduct a survey within the municipal limits of Lucknow and submit a report to the Court as to at what places such illegal parkings are being organized and run either by the shop keepers or mall owners or by anyone else, unauthorizedly. We also call upon the learned counsel representing the Lucknow Development Authority to file an affidavit as to whether the big commercial buildings such as multiplexes, cinema halls, theaters, auditorium and shopping malls are providing the parking facilities and as to whether they are charging from the general public for providing such facilities.”, Justice Devendra Kumar Upadhyaya and Justice Om Prakash Shukla ordered.

The Court directed the Lucknow Development Authority to also indicate under which provision the private owners of these buildings are levying the parking charges.

The Court has directed the survey to be conducted within five weeks and to file a report thereafter.

“The survey as directed above by Nagar Nigam shall be conducted within a period of five weeks from today and thereafter a report shall be filed. The Lucknow Development Authority, as observed above shall also file its affidavit by the next date of listing”, the Court said.

The Court passed these directions on a plea seeking directions to remove the alleged encroachment in the form of parking allotted by the Nagar Nigam, Lucknow over the 30-meter-wide road in front of a shopping mall.

Advocate Amrendra Nath Tripathi appeared for petitioner and Advocate Daya Shankar Tripathi appeared for Lucknow Municipal Corporation.

During the hearing, the counsel for the State government pointed out that the government had directed all authorities to ensure that illegal parking run in the urban areas as also the parking being run on the roads be closed.

Cause Title-  Rajiv Agarwal v. State Of U.P. & Ors.

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