Karnataka High Court Directs BBMP To Implement 2020 'Parking Policy 2.0' To Streamline On-Street Parking

The Karnataka High Court has directed the authorities to implement the Parking Policy 2.0. The Court directed the Commissioner of Bruhat Bengaluru Mahanagara Palike (BBMP) to by June 20 submit a detailed project report on the methodology of implementation of the Parking Policy, before the court.

A single judge bench of Justice Suraj Govindaraj said “Though Parking Policy 2.0 is stated to have come into force in December 2020, the Area Parking Plan, parking charges framework, the streamlining of on-street parking, initiation of a pilot permit system etc., has not been carried out by the BBMP. The inaction on part of BBMP and/or Directorate of Urban Land Transport in doing the needful has resulted in inconvenience to the general public as can be seen in the present matter and inconvenience is being caused to the petitioners.”

The direction was given while partly allowing a petition filed by Nagabhushan Reddy N and another who are residents of HSR Layout, Bangalore, alleging illegal commercial parking on a plot of land in a residential area.

The petitioners claimed there were more than 20 plots in 19th 'A' Main Road occupied by the respective owners. Four of the properties were vacant. It was stated that one such property, Plot No.7, belonged to respondent No.4 (Nagendra) who had let out the said property for the purpose of parking for two-wheelers and four-wheelers.

Due to the said property being used for parking, it was claimed that there was noise and air pollution, as also increased vehicle traffic on a residential road, parking problems on the said road, and the persons who park doing so at all times of the day and night and taking out their vehicles at all times of a day and night, were causing immense inconvenience.

It is in that background that the petitioner was before the Court seeking the aforesaid reliefs.

It was contended that there was no particular provision under the Building Bye-Law and/or Zonal Regulations to use a residential plot for parking purposes on a commercial basis by letting out the property to a third party. Though a representation had been submitted to respondents No.1 to 3 on 27.07.2023, no action had been taken.

The corporation contended that there was no particular permission which had been granted by respondents No.1 and 2 for the usage of the residential plot for parking.

It was stated that the Directorate of Urban Land Transport formulated Parking Policy 2.0 in December 2020 to cater to the parking requirements of the city of Bangalore. In pursuance of the said policy, the Area Parking Plan is under preparation so also the parking charges framework is under finalisation. The concept of off-street parking is also part of the said parking policy for high usage areas such as commercial areas.

In that background, it was submitted that no permission had been granted to respondent No.4 for the usage of the residential property for parking purposes, and the same cannot be permitted.

As regards the allegation that other similarly situated plots are being used for commercial parking, it was submitted that necessary action will be taken against any violation.

The traffic police contended that it is concerned with regulating traffic on the roads; parking within a residential plot would not come within its purview.

The bench noted that plot No.7 where the vehicles are being parked is situated in a residential area. It is also not in dispute that the same is vacant and has been let out by respondent No.4 to a third party to run the business of parking where any person could park his/her vehicle two-wheelers and four-wheelers upon payment of certain monies at any point of time during the day or night and remove the vehicle anytime during the day or night.

Observing that “The Building Bye-laws provide for making available a car parking space in any residential building which is constructed. Despite the same, there is always a perennial problem of parking in the City of Bangalore be it in the residential area or more so in the commercial areas. It is for this reason that certain of the empty site owners have come up with a novel idea of permitting two wheelers and four wheelers' owners to park in their empty sites by collecting parking charges.”

The court said that though there may be a requirement for parking and though to some extent the plot of respondent No.4 would help in the parking requirements, the said methodology of allowing parking in a residential plot by collecting parking fees is not recognized under law i.e., to say it is not permitted as a business to be run.

There is no trade licence which the respondent No.4 has obtained for carrying out such a business nor the zonal regulations permit such a business. Respondent No.4 cannot use his empty plot for business purposes by allowing third parties to park in the said plot by collecting parking fees. An empty plot in a residential area cannot be used on a commercial basis for parking of vehicles, the Court held.

It also held that respondents No.1, 2 (BBMP) and 3 (Traffic police) cannot contend that since the private area is used for parking purposes, they cannot take any action.

Accordingly, it directed the corporation and traffic police to consider the representation dated 27.07.2023 submitted by the petitioners and take necessary action against respondent No.4 so as not to permit the use of an empty plot for commercial purposes in a residential area.

Appearance: Advocate Bharat Keshavamurthy, for petitioners.

Advocate Sumana Baliga, for respondents No.1 and 2.

Advocate Saritha Kulkarni, for Respondent No.3.

Advocate Mamatha M.R for Respondent No.4.

Citation No: 2024 LiveLaw (Kar) 228

Case Title: Nagabhushan Reddy N & ANR AND Bruhat Bengaluru Mahanagara Palike & Others

Case No: WRIT PETITION NO. 23631 OF 2023

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