Empty sites in residential areas can’t be used for paid parking facility: Karnataka High Court

Directs BBMP to submit methodology for implementing its Parking Policy 2.0, which came into force in December 2020

The law does not permit the use of an empty plot/site in a residential area for parking vehicles on a commercial basis by collecting parking charges, said the High Court of Karnataka.

Also, the court directed the Bruhat Bangalore Mahanagara Palike to submit within six weeks a detailed project report on the methodology for implementing Parking Policy 2.0 after noticing that the BBMP and the Directorate of Urban Land Transport (DULT) have not initiated a pilot permit system, etc., under the policy even though it came into force in December 2020.

Justice Suraj Govidaraj passed the order recently while allowing a petition filed by Nagabhushan Reddy N. and his brother, residents of 19^th A Cross, 17^th Main, HSR Layout Sector-3, Bengaluru.

The petitioners had questioned the use of plot number 7 on 19^th A Cross, 17^th Main, HSR Layout Sector-3 for parking two- and four-wheeler vehicles by the site’s owner, Nagendra, on a commercial basis. The petitioners complained that the use of residential plots for commercial parking affected the residents due to vehicle movement and the conduct of drivers.

The owner of plot number 7 pointed out that there are many other empty residential plots used as paid parking in the locality while alleging that the petitioners had selectively targeted him because the previous owner of the plot did not sell it to them.

Novel idea but ...

Though owners of some empty sites have come up with the novel idea of using their plots for parking and collecting charges, the use of plots in residential areas for paid parking is neither permitted in the building bye-laws nor the PP2.0, the court observed. Neither the law recognises granting of a trade licence nor the zonal regulations permit such use of residential plots, the court pointed out.

The BBMP told the court that the area parking plan and parking charges framework are under preparation as per the PP 2.0, which also contains a concept of off-street parking in areas with high usage, such as commercial areas. However, the policy has no provision for allowing an empty residential plot to be used for paid parking.