Gujarat High Court
Vasudev Kanaiyalal Thakkar vs Rajnish Mahajan on 12 March, 2026
NEUTRAL CITATION
C/SCA/14873/2018 ORDER DATED: 12/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14873 of 2018
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VASUDEV KANAIYALAL THAKKAR
Versus
RAJNISH MAHAJAN & ORS.
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Appearance:
PARTY IN PERSON(5000) for the Petitioner(s) No. 1
MS SUMAN J MOTLA AGP for the Respondent(s) No. 2,5,6
MR MIHIR JOSHI SENIOR ADVOCATE WITH MR SALIL M THAKORE(5821)
for the Respondent(s) No. 1
MR MAULIK NANAVATI ADVOCATE FOR NANAVATI & CO.(7105) for the
Respondent(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 12/03/2026
ORAL ORDER
[1] By way of this petition under Articles 226 of the Constitution of India, the petitioner - Party-in-Person has approached this Court with the following reliefs. Free translation thereof is produced hereinbelow:
"Prayer:
(23) Considering the General Development Control Regulations (GDCR) of the Government of Gujarat and other relevant Acts/rules, it is clear that by conducting commercial activities in the parking area and collecting parking Page 1 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026 NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined charges, the employees, CEO, and owners of Inorbit Malls (India) Private Limited have violated the provisions of Section 19, etc., of the General Development Control Regulations of the Government of Gujarat. Therefore, it is my prayer to Your Honour to pass an order that the employees, CEO, and owners of Inorbit Malls (India) Private Limited shall immediately hand over reserved space for free vehicle parking to the management of Cine-
Police Multiplex Theatre, one square meter per seat, totaling approximately 1,000 square meters for 1,000 seats.
(24) As per the General Development Control Regulations (GDCR) of the Government of Gujarat and other relevant Acts and rules, Inorbit Malls (India) Private Limited was granted permission to construct a building in Vadodara city. Contrary to the conditions thereof, the CEO and owners of Inorbit Malls (India) Private Limited have illegally rented out compulsory open spaces within the Inorbit Mall Vadodara building for dining tables, ice cream parlors, various petty food business operators, and other commercial entities against the rules. It is humbly prayed to order the Municipal Commissioner of Vadodara to investigate this, immediately stop such unauthorized commercial activities, and conduct regular monitoring to ensure that such illegal commercial activities do not recur.
Page 2 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined (25) The employees, CEO, and owners of Inorbit Malls (India) Private Limited have committed a criminal act by encroaching upon approximately 50 feet by 100 feet of government road land from the boundary line of the entry and exit gates of Inorbit Mall Vadodara to develop a garden, and by placing private barricades on the public highway against rules, thereby obstructing the smooth flow of public traffic. May Your Honour be pleased to pass a joint order to the Municipal Commissioner, Vadodara, and the Police Commissioner, Vadodara, to remove the encroachment made by the employees, CEO, and owners of Inorbit Malls (India) Private Limited on the said government road land and to open the main public road for the citizens, and to permanently remove the private barricades.
(26) Under the standing order issued by the Director General of Police by the order of the Home Department of the Government of Gujarat, the Police Commissioner, Vadodara, has issued Notification No. G/CP/Vi.Sha/Shop, Office, Industrial Units, Rent/Notification/2063/2018 dated 21/06/2018. However, by not complying with the said Notification, the employees, CEO, and owners of Inorbit Malls (India) Private Limited have committed a criminal act. May Your Page 3 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026 NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined Honour be pleased to issue an order to the Police Commissioner, Vadodara, to initiate criminal and other legal proceedings regarding these criminal acts.
(27) I have submitted a written complaint on 28/06/2018 to the Police Inspector of the local Gorwa Police Station, Shri R.S. Dodiya, regarding the intentional violation/contempt of Notification No. G/CP/Vi.Sha/Shop, Office, Industrial Units, Rent/Notification/2063/2018 dated 21/06/2018 issued by the Police Commissioner, Vadodara, under the standing order of the Director General of Police by the order of the Home Department, Government of Gujarat and the illegal acts committed by the employees, CEO, and owners of Inorbit Malls (India) Private Limited. Instead of taking appropriate legal action against the offenders in connection with my complaint, the Police Inspector of Gorwa Police Station, Shri R.S. Dodiya, informed me through a letter dated 05/08/2018, stating false reasons, that they had filed our complaint. Since everything mentioned in that letter is entirely false and against the rules, May Your Honour be pleased to order the Police Commissioner, Vadodara, to conduct a proper investigation and initiate criminal and other legal proceedings against the Police Inspector of the local Gorwa Police Station, Shri R.S. Dodiya, for aiding criminals and for negligence in duty.
Page 4 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined (28) In the matter regarding Special Civil Application No. 17552 of 2014, the Inorbit Malls (India) Private Limited obtained an interim injunction by making submissions before this Hon'ble Court that are against the law. To protect me and other citizens from the financial loss being caused and to safeguard our fundamental rights, it is necessary to vacate that interim injunction. Therefore, May Your Honour be pleased to conduct the proceedings of Special Civil Application No. 17552 of 2014 along with this Special Civil Application filed by me and pass an appropriate judicial order.
(29) In addition to the reliefs sought in para 23 to 28 above, it is humbly requested to pass a judicial order for any other additional relief that Your Honour deems fit."
[2] The petitioner, appearing as Party-in-Person, Mr. Vasudev Kanaiyalal Thakkar, at the outset, submitted that he does not press any of the prayers made in the petition except the limited relief seeking issuance of appropriate directions to the respondent authorities to allot and/or earmark parking space admeasuring approximately 1000 square metres out of the total parking area Page 5 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026 NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined exclusively for the multiplex.
[2.1] The principal grievance voiced by the petitioner is that visitors who purchase movie tickets in advance frequently face difficulty in securing parking within the Mall premises on the day of the scheduled show. In such circumstances, the visitors are compelled to park their vehicles outside the Mall on public streets.
According to the petitioner, such a situation causes inconvenience to the public and therefore the Mall management ought to provide adequate and specifically earmarked parking facilities for persons visiting the theatre.
[2.2] In support of the aforesaid contention, the petitioner has placed reliance upon the provisions of the General Development Control Regulations (GDCR), particularly Clause 19.1, which prescribes the minimum requirement of parking space.
It is contended that in case of multiplexes, cinemas, theatres, public assembly halls, auditoriums, stadiums, etc., the GDCR mandates provision of parking space at the rate of one square metre per seat.
Proceeding on such basis and considering the number of screens Page 6 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026 NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined and the total seating capacity, the petitioner submits that approximately 1000 square metres of parking space is required to be specifically earmarked for visitors of the theatre.
[2.3] On the aforesaid premise, the petitioner has prayed that appropriate directions be issued to the Municipal Corporation authorities to ensure strict compliance with the provisions of the GDCR and to direct that adequate parking space within the Mall premises be specifically reserved and earmarked for theatre visitors.
[3] By advancing the aforesaid submissions, the petitioner has requested this Court to pass suitable orders in the interest of justice.
[4] Per contra, learned Senior Advocate Mr. Mihir Joshi, assisted by learned advocate Mr. Salil Thakore appearing for respondent No.1, submitted at the outset that the grievance raised by the petitioner is misconceived in view of Clause 19 of the GDCR.
It is submitted that the said clause provides that for commercial and business establishments, including business offices, banks, hotels, guest houses, lodges, eating houses, restaurants, Page 7 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026 NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined institutional buildings, hospitals and nursing homes, parking space to the extent of 30% of the maximum permissible FSI is required to be provided.
According to learned Senior Counsel, the total plot area of the Mall in question is 29,388 square metres. He further submitted that the GDCR itself contains a note stipulating that where a building unit is put to multiple uses, the parking requirement for each use shall be calculated separately and reflected on a pro-rata basis in the sanctioned plan. Inviting the attention of the Court to page 85 of the sanctioned plan, it is pointed out that the total plot area is 29,388 square metres and the parking requirement, as per the GDCR, has been calculated in the following manner:
41831.95 - 2825.98 (multiplex area) = 39005.97 × 30% = 11,701.79 sq. mtr.
[4.1] It is further submitted that considering the seating capacity of the multiplex, which is 1012 seats, and applying the requirement of one square metre per seat, the additional parking requirement comes to 1012 square metres. Thus, the total parking Page 8 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026 NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined requirement works out to 11,701.79 + 1012 = 12,713.79 square metres, which has already been provided in the sanctioned plan. Learned Senior Counsel therefore submits that the parking provision is fully compliant with the requirements of the GDCR.
It is further contended that once the overall parking requirement under the GDCR stands satisfied, the Regulations do not contemplate any further classification or exclusive reservation of parking spaces for the theatre alone. The purpose behind prescribing parking requirement based on seating capacity is merely to ensure that, in addition to other activities in the Mall, visitors of the theatre can also be accommodated within the overall parking facility. However, the Regulations do not envisage any separate allotment or reservation of parking spaces exclusively in favour of the theatre. In the present case, both parameters prescribed under the GDCR, namely the requirement of 30% of the maximum permissible FSI as well as the requirement of one square metre per seat for the multiplex, have been duly complied with. It is therefore submitted that the present petition does not merit any consideration.
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NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined [5] By making above submissions, Mr. Joshi requested this Court to dismiss the present petition.
[6] Having heard the learned advocates appearing for the respective parties and upon perusal of the material placed on record, particularly Clause 19 of the General Development Control Regulations (GDCR), this Court finds that the prescribed criteria relating to parking requirements have been duly complied with by the respondents. The record indicates that the respondents have provided parking space in accordance with both the parameters contemplated under the GDCR, namely, (i) provision of parking to the extent of 30% of the maximum permissible FSI for the commercial establishment, and (ii) provision of parking space at the rate of one square metre per seat for the multiplex. [7] The aforesaid position stands substantiated from the sanctioned building plan placed on record at page 85 of the petition. Notably, the said sanctioned plan has not been disputed or challenged by the petitioner. In absence of any material to question the correctness or validity of the sanctioned plan, this Court finds Page 10 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026 NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined no reason to disbelieve or disregard the same. [8] It is further pertinent to note that the provisions of the GDCR do not mandate that within a commercial complex or a Mall housing multiple activities, a separate, exclusive, or specifically earmarked parking area must be reserved solely for the visitors of the theatre. The regulatory requirement is confined to ensuring that the overall parking provision meets the quantitative standards prescribed under the GDCR. Once the aggregate parking requirement stands satisfied in accordance with the Regulations, the Court would not be justified in directing the authorities or the Mall management to carve out a separate or reserved parking space exclusively for theatre visitors, particularly in absence of any statutory provision to that effect.
[9] In the present case, since the Mall has demonstrably complied with the parking norms prescribed under Clause 19 of the GDCR by providing parking to the extent of 30% of the maximum permissible FSI along with the additional requirement of one square metre per seat for the multiplex, the regulatory mandate Page 11 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026 NEUTRAL CITATION C/SCA/14873/2018 ORDER DATED: 12/03/2026 undefined stands fully satisfied. In such circumstances, no further direction, as sought by the petitioner, can be issued by this Court. [10] Accordingly, this Court does not find any merit in the present petition and the same deserves to be dismissed. The petition is, therefore, dismissed.
(NIRAL R. MEHTA,J) CHANDRESH Page 12 of 12 Uploaded by CHANDRESH N. SIDDHAPURA(HC01109) on Thu Mar 12 2026 Downloaded on : Fri Mar 13 00:47:12 IST 2026