The Delhi High Court set aside South Delhi Municipal Corporation Notice (‘MCD’) and allows Apollo Hospital, Sarita Vihar to charge parking fees against the MCD order.
The dispute arose when MCD issued a Public Notice stating that no parking fees could be charged in parking areas of commercial offices, malls, or hospital complexes across NCR Delhi. In compliance with this Notice, MCD posted “Free Parking” signages outside Apollo Hospital, allowing unrestricted public parking within the hospital premises. This led to overcrowding, unregulated entry, and security concerns, creating significant inconvenience for patients and visitors.
Apollo Hospital filed a Writ Petition challenging both the Public Notice and the show-cause notices issued against it for charging parking fees. Represented by Dr. Lalit Bhasin, the Hospital argued that MCD overstepped its jurisdiction and that the regulation of parking fees falls within the Hospital’s discretion, not the municipal authority.
Justice Mini Pushkarna agreed with the Hospital, setting aside the show-cause notices. The Court held that MCD’s powers are confined to ensuring compliance with building bye-laws and approved building plans. Determining whether hospital parking areas can be used for commercial purposes or whether fees can be charged does not fall within the Corporation’s authority. Accordingly, the Court allowed the Hospital to collect parking fees at its discretion, emphasizing that MCD’s actions were without legal sanction.
Appearances:
Petitioner: Dr. Lalit Bhasin
Respondent: Mr. Sidharth Gupta, Standing Counsel