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LHC asks private...

2017-02-18
LAHORE: The Lahore High Court has ruled that private parking contractors are bound to abide by the rules of city district government with respect to parking fee.

In a ruling issued on petitions of private contractors, Justice Ayesha A Malik rejected their argument that they are private contractors running parking stands on private premises, means they are not required to pay parking fee nor can the Lahore Parking Company (LPC) regulate them or private parking spaces.

The judge observes that public place is defined under the law as any building, premises or place to which public have the access. Therefore any place where the public would have a right of access on a regular and continuous basis fallswithin the meaning of public place.

The ruling says parking in public places falls within the scope of the city district government and the LPC and a private parking stand operating in a public place is bound to collect parking rates notified by the government and would be regulated by the LPC because they control and monitor parking in public places.

It states that in the instant case, parking stands arelocatedin publicplaces as they are either shopping malls, business centers or hospitals. And these areas are accessed by public regularly on a daily basis within which the facility of parking must be provided. Therefore the argument that the petitioners are operating parking spaces within private premises is factually and legally incorrect.

The Lahore Development Authority (LDA) told the court commercial buildings are bound under the laws to provide free and accessible parking place to the public.

Justice Malik observed that the issue of parking and allocation of parking space is serious and in the public interest the LPC must adopt a move vigorous and durable approach to parking within Lahore city. The authorities must formulate a parkingpolicy which addresses this issue and devise a mechanism to regulate contractors operating in public places, the judge adds.

The judge holds that the city district government and the LPC should contribute efforts with the traffic police and have regular meetings so as to stay abreast with the traffic issues. The LPC will work in close liaison with the traffic police so that parking spaces have least impact on the flow of traffic, the judge concluded.