Offer parking space or shut business: High Court to hotels

The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice M Sundar on perusing the joint progress report filed in this regard, said, “The report shows that restaurants/ hotels are taking everyone for a ride-either there is no parking facility whether by valet parking or otherwise, or the spaces are inadequate.” 

Also, the bench on holding that its intention was not to close the restaurant/eateries, but to make sure that they provide adequate parking facility, said, “It now appears that these eating places have prima facie tried to take advantage of the indulgence we had shown, by not doing the needful” Listing the case for further hearing to March 24 and directing the authorities to file a joint progress report three days prior to the next day of hearing, the bench in its order held, “We make it clear that if there are no adequate parking spaces available, the authorities shall forthwith shut down the restaurants/ eateries and only when they provide parking space, would they be entitled to function.”

The interim order passed on Friday was based on plea moved by S Raghu of Vyasarpadi in 2013. He had contended that the restaurants are meant to follow various norms under the Madras City Police Act and Chennai City Municipal Corporation Act. 

The plea had also pointed out that as per the Madras City Police Act, anyone proposing to establish a restaurant should get a licence from the Police Commissioner, which is offered after ensuring that there is no problem to traffic in the area.  

In fact, based on the court direction then, a comprehensive study of the parking management in the city revealed that several eateries were functioning in the city without obtaining traffic permission as mandated. The study found that 44 restaurants located in the 100-metre stretch on either side of NSC Bose Road-from Flower Bazaar police station to Rajaji Salai junction, received a footfall of around 12,000 and one lakh pedestrians passed through the road daily. 

Around 600 two-wheelers and 140 four-wheelers are parked in the area during peak hours. Despite this, none of the eateries provided parking spaces. “The order has come as a shocker because 80 per cent of the hotels all over the India do not have parking then why target just Chennai. We plan to appeal in the court,” says M Ravi of Chennai Hotel Association president.