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Delhi High Court Allows Apollo Hospital Lease Change to Charge for Parking

The ruling applies a 2023 precedent affirmed by the Supreme Court, signaling that lease amendments will enable private premises to collect parking fees.

Overview

  • A single-judge bench led by Justice Mini Pushkarna granted Apollo Hospital liberty to amend its lease with the MCD and disposed of the writ petition.
  • The court relied on the November 2023 Pacific Development Corporation ruling, which permits entities controlling parking areas to levy fees, with the MCD’s appeal rejected by the Supreme Court in April 2024.
  • MCD’s contention that fees cannot be charged because parking areas are excluded from Floor Area Ratio calculations was termed legally flawed.
  • The petition challenged an MCD-installed “Free Parking” sign at the hospital’s gate and show-cause notices that the hospital said arrived without prior warning.
  • MCD, represented by Siddharth Gupta, acknowledged that lease deeds may require amendment, while Apollo was represented by senior advocate Dr. Lalit Bhasin.