Will Infringe Vehicle Owners' Choice: Karnataka High Court Dismisses PIL Seeking To Implement "Moving Gardens"

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi while dismissing the petition filed by K. Suresh said,

"Issuing directions to the State Government to conduct a study regarding feasibility of implementing 'moving garden' concept and to implement the said concept compulsorily are infringement of choice of the owners of the vehicles. The implementation of such concept by making modification to the vehicles is also not in consonance with the Motor Vehicles Act and Rules."

The petitioner had submitted before the court certain photographs and news items, pointing that for a long period, the petitioner has been utilising his vehicle as a 'moving garden'. By this 'moving garden', there would be an increase in oxygen which would help in decreasing the air pollution, he claimed.

The bench on going through the records said, "Though the attempt made by the petitioner on his own vehicle is appreciable and the submission of the learned counsel for the petitioner looks very attractive at the first blush, one cannot lose sight of the fact that the way of use of vehicle is the choice of the owners of the vehicles."

Then it held, "The prayers made in the petition, we are of the opinion that this petition cannot be treated as a Public Interest Litigation. As such, the petition is dismissed."

Case Title: K. SURESH VERSUS UNION OF INDIA

Case No: WRIT PETITION NO.13219 OF 2022

Citation: 2022 LiveLaw (Kar) 484

Date of Order: 22ND DAY OF NOVEMBER, 2022

Appearance: B S UMESH, ADVOCATE for petitioner.

B.PRAMOD, CGC FOR R1.

PRATHIMA HONNAPURA, AGA FOR R2.