The High Court of Karnataka on Tuesday declined to entertain a PIL petition by a city-based advocate seeking a direction to the State and the Central governments to conduct a survey and formulate a scheme to have “mobile garden” on the roof of vehicles as has been done by the petitioner on his car.
Though the efforts of the petitioner to contribute to the environment is appreciable and his plea looks very attractive at the first blush, the court said that it raises two questions: one on the choice of individuals on the use of the roof of their vehicles and the permissibility of the use of a vehicle in law.
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice Ashok S. Kinagi passed the order while dismissing the petition filed by K. Suresh.
The petitioner has been using a miniature plantation on the roof of his car by putting mud on the plastic sheet spreading on the rooftop carrier.
“One can’t lose sight of the fact that using the vehicle in the way the user likes is the choice of the individual. By issuing such directions to the State government, that is, conducting survey, implementing and effecting the scheme, there is certainly an encroachment and impeachment of an individual’s choice,” the Bench observed.
The Bench also pointed out that modification of the vehicle for having “mobile garden” may not be consonance with Motor Vehicle Acts or Rules. Considering all these aspects, the petition cannot be entertained, the Bench said.
The petitioner, who argued the petition personally, said that he had written to the top functionaries of the State and the Central governments to explore possibility of making such a scheme by converting rooftop of their vehicle into “mobile garden”.
During the hearing he suggested that if the Chief Justice of the High Court implements this concept on his car then many would try to follow it.
Published - November 22, 2022 09:01 pm IST
