Justice PV Kunhikrishnan: I think collection of parking fee by malls is prima facie illegal. If it is permitted, malls will soon start collecting fee for the lift service they provide to customers.
Petitioners: The Lulu Mall is still collecting parking fee without any licence and we seek to hear the matter expeditiously
Lulu Mall’s counsel: The petitioner is not visiting the mall now, so there is no issue regarding payment of the parking fee. Hence, he has no personal grievance
SCAI counsel: After the interim order of the Kerala High Court, people coming to various malls are refusing to pay parking fee
Justice PVK: My doubt and prima facie observation are based on the fact that as per the Building Rules, sufficient area for parking space is necessary for constructing a building. Parking space is part of the building. The building permit is issued on the condition that there will be parking space. Based on this undertaking, the building is constructed. After constructing the building, whether the owner of the building can collect the parking fee is the question
Counsel for SCAI: In an apartment complex there is a requirement for parking space. What do they do with the parking space? That’s being sold to the occupants.
Justice P V Kunhikrishnan: Even in the case of an apartment, I will make a decision. In my opinion, it’s serious and illegal. Parking space is necessary for a multi-storied building. What’s the purpose of Building Rules?
Justice PVK: He is a citizen and he is taking up the matter of public interest