Karnataka HC bans commercial parking on residential empty plots, ET RealEstate
By Rachana Ramesh
BENGALURU: The High Court has ruled that the law prohibits using an empty plot in a residential area for commercial vehicle parking and charging fees for it.
The court has instructed the municipal body, Bruhat Bengaluru Mahanagara Palike (BBMP), to submit a detailed project report on the methodology for implementing Parking policy 2.0. The BBMP has been given six weeks to submit the report.
This directive follows the court’s observation that both the BBMP and the Directorate of Urban Land Transport (DULT) have failed to propose a pilot permit system and other measures under the policy, even though it has been 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. The petitioners 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 defence, 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 noted that using empty plots in residential areas as charged parking facilities is neither permitted in the building by-laws nor the Parking Policy 2.0.
It pointed out that neither the law allows for the granting of a trade license nor the zonal regulations allow for such use of residential plots.
The BBMP has told the court that the parking charges framework and the area parking plan are being prepared as per the Parking Policy 2.0.
