Karnataka's New Bill Proposes Blanket 5% Park Land Diversion, Shifting From Past Case-by-Case Approach

The Karnataka government's new draft Bill, introduced during the recently concluded Monsoon Session, proposes a significant change to how park land can be used. It seeks to permit the diversion of up to 5% of a park's total area for specified public purposes, a departure from the state's historical practice of granting exemptions only for specific, identified projects.

The Karnataka Government Parks (Preservation) Act, 1975, was originally designed to safeguard government parks and gardens. However, it has been amended six times in the past to allow for the use or alienation of particular parcels of land. These earlier amendments, all incorporated under Section 5 of the Act, were exception-based, clearly identifying the exact plot, its size, and the intended public project.

Past permissions include the alienation of 1,223 sq. metres of the Indira Gandhi Musical Fountain Park for road widening by the erstwhile Bruhat Bengaluru Mahanagara Palike, and 1,135.18 sq. metres of Lalbagh's western boundary for an elevated metro station. Both of these were enacted in 2008. Other provisions covered specific portions of Cubbon Park, land for High Court parking, and the area comprising Vidhana Soudha and Vikasa Soudha for developmental works.

The new 2026 amendment adopts a different strategy. While retaining the existing Section 5 as sub-section (1), it introduces a new sub-section that would allow the state government, based on a High-Level Committee's recommendation, to alienate or permit the use of land in a park for public purposes, up to a maximum of 5% of the park's total area.

Chief Minister D.K. Shivakumar has stated he will examine the rationale behind this blanket provision and review the actions of previous governments, including which lands were allotted to whom in the past.