Delhi court orders FIR on complaint against over-charging extortion by parking mafia

New Delhi [India], September 29 : Delhi's Saket Court, in a recent order, directed police to file an FIR within three days against an illegal parking operator and others. The court directed the ACP of Hauz Khas sub-division to file the FIR.
It has been alleged that a police officer is in cahoots with parking media.
Additional Chief Metropolitan Magistrate (ACMM) Aviral Shukal directed the ACP to file the FIR.
The court said activities involving regular overcharging / forceful overcharging / extortion are being carried out by a racket which does not seem to be bound by any set of rules or regulations.
"A detailed and prompt investigation shall be required in the present case by the concerned investigating agency for revealing all the underlying facts," the court said in the order passed on September 26.
"The aforesaid set of circumstances prima facie indicate towards commission of cognizable offences by the parking site employees/agents of the allottee firm M/s Sanjay Kumar Technocrate Pvt. Ltd and other workers who are operating at the parking site of Saket Mall," it added.
"Accordingly, the ACP, Sub-division Hauz Khas, is directed to register an FIR under the relevant penal provisions against the accused persons within a time period of 3 days from today," the judge ordered.
The court directed that the investigation of the present case be undertaken by an independent police officer, not below the rank of an Inspector.
Lastly, the court observed, "There are certain allegations of bribery / active collusion on the part of the SHO, PS Saket. It has been alleged that the said parking racket is operating at the Saket Mall without any regard to the rules and regulations at the behest of the SHO, PS Saket.
Further, the complainants also alleged that the said illegal extortion activities are still underway at the Saket Mall despite of the cancellation order of 17.07.2023, due to the active collusion of the concerned officials of MCD."
The court also granted liberty to the complainant to take further legal remedies and said, "Needless to say, the complainants shall be at liberty to obtain appropriate legal remedies within the purview of the Prevention of Corruption Act, 1988 or other applicable law before the concerned special court for this purpose."
While deciding the application, the court noted that the IO and the ACP have both confirmed the factum of ‘overcharging’ in their respective ATRs. As per the report of the ACP, when SI Dinesh visited the spot, an instance of overcharging was noticed by him as well.
When the allottee of the parking site, viz. M/s Sanjay Kumar Technocrats Pvt. Ltd. was called upon to join the inquiry, but no one appeared on behalf of the firm.
It also emerged from various replies of the MCD that employees/agents of the aforesaid allottees have been regularly overcharging and failing to adhere to norms such as wearing of proper uniforms, the court noted.
It added that as per the documentary proofs produced by the complainants, the said employees/agents of the allottee firm continue to operate at the parking site despite the cancellation of allotment vide order dated 17.07.2023.
The complainants sought to allege the commission of offences of extortion, cheating, forgery, and criminal conspiracy against multiple persons, including the collection agents at the parking site at Saket Mall, the head of the parking allottee firm, and the SHO, PS Saket.
Firstly, there are clear and unequivocal allegations of forcible collection of parking fees by certain collection agents at the parking site on 26.08.2022 and 05.09.2022, the court noted.
The complainants stated that they were threatened and abused by the agents/bouncers when they objected to the forceful collection of heavy/illegal fees without issuance of the parking slip.
Additional Chief Metropolitan (ACMM) passed the order on the complaint filed by the practicing advocate Vikas Bakshi and others.
It was stated in the complaint that there is a government land of approximate 4-5 acres
(25,000 sq. yards) located behind the Select City Walk Mall, Saket, New Delhi.
It was alleged that the ‘parking mafia', without necessary authorisation, encroached on the said government land and has been using the said land for their extortion activities.
It was alleged further that the parking mafia compels the visitors of the Saket Mall (who wish to park their vehicles) to pay illegal and unlawful charges amounting to Rs 40/- per hour per vehicle.
Since 1000-2000 vehicles arrive at the said ground for parking, it is stated that approximately Rs 3-4 lakhs are being illegally collected by the said mafia.
It is alleged further that the said parking mafia is receiving parking charges but are not issuing any parking slip/bills, the court noted.
The court had called for an Action Taken Report (ATR) on the complaint.