On November 22, the Karnataka High Court's division bench dismissed a petition filed by an advocate seeking directions to the Union and State Governments to conduct a feasibility study into implementing'moving garden' on all possible vehicles.

While dismissing K. Suresh's petition, the bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi stated, "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 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."

The petitioner requested that if the concept is found to be feasible, the State Government be directed to put it into action in order to preserve ecology and the environment. The petitioner had submitted to the court photographs and news articles demonstrating that he had been using his vehicle as a "moving garden" for a long time. According to him, this 'moving garden' would increase oxygen levels, thereby reducing air pollution.

Case Title: K. Suresh Vs Union Of India

Case No: WRIT PETITION NO.13219 OF 2022

Links: http://karnatakajudiciary.kar.nic.in:8080/repository/rep_judgmentcase.php

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