Cubbon Park Vehicular Ban: Bengaluru Advocates Association Files Impleading Application at Karnataka HC, Says Lawyers Will Be Detrimentally Affected

The association has filed an impleading application, seeking them to be made a respondent and be heard before passing any orders, in a petition filed by a 5-month-old baby, represented by his father, seeking to ban traffic movement within and through Cubbon Park, in Bengaluru. The court has allowed the application and posted the matter for further hearing next week.

The plea by the minor was filed through Advocate Anjan Dev Narayana and Advocate Annapoorna Seetharam. It states that as per the National Disaster Management Authority guidelines, the Department of Horticulture shut down the Park from access by the general population from 25.03.2020 till 20.05.2020. The impact of the lockdown on the quality of the Park itself was highly positive, in that there was a reduction of suspended particulate matter and carbon monoxide levels.

Further, the plea states that the actions of the respondents have a direct impact on the health, wellbeing and quality of life of the Petitioner, who as an infant is made to bear the burden of the environmentally irresponsible respondents. Further, it is said that actions of respondents impinge on the rights of the petitioner to enjoy pollution-free air and water and endangers and impairs his quality of life and is a clear derogation of his constitutional rights.

The application filed by Advocate A N Gangadharaiah, who is the general secretary of the association, states

"The petitioner while seeking relief such as ban of vehicular movement in the cubbon park area during the working hours ought to have made the representatives of the lawyers as parties for the reason that they are the most affected as the lawyers are making use of the roads more frequently than anyone else through the cubbon park area."

It is also said in the plea that:

"If there is a closure or ban of vehicle movement in the cubbon park area, it would affect the lawyers at large and would cause huge inconvenience to them. In such an event lawyers will have to travel 2 to 3 KM more to reach from City Civil court to mayo hall. It would cost at least an additional half an hour or 45 minutes time for one side journey to each lawyer. This would virtually stall the court proceedings as well because of the delay of the advocates attending different courts."

The association has said if vehicular movement is allowed only during working hours through cubbon park it would definitely not affect anyone since during such hours there would be no walkers or joggers inside the park. This would not affect the right of the petitioner or any such person who intends to jog, walk or spend their time during morning or evening hours.

Case Title: Kian Medhi Kumar And The State Of Karnataka.

Case No: WP 12939/2020.