Government Examines Bill Allowing 5% Diversion of Bengaluru Parks

Chief Minister D.K. Shivakumar announced on Tuesday that he will review a proposed amendment to the Karnataka Government Parks (Preservation) Act, 1975, which seeks to permit the diversion of up to 5% of park land in spaces across Bengaluru, including Cubbon Park and Lalbagh. Speaking on the new draft Bill tabled during the recently concluded Monsoon Session, the Chief Minister said he would examine why the proposal was introduced and review past allotments made by earlier administrations.
The 1975 Act was originally enacted to protect government parks and gardens from being diverted for other uses. Under the new draft Bill, the legislation proposes to retain the existing Section 5 as sub-section (1) while inserting a new sub-section. This clause would empower the State government, acting on the recommendation of a High-Level Committee, to alienate or permit the use of land or buildings in a park for specified public purposes up to 5% of the park’s total area.
Addressing the move, Shivakumar stated that he would examine and discuss the reasons behind introducing the 5% diversion proposal. He added that he would review actions taken by the BJP and previous governments to determine which parcels of park land had been allotted to whom in the past.
According to official documents, the earlier framework under Section 5 operated entirely on an exception basis. Rather than permitting general diversions, the law had previously been amended six times to authorise specific projects. In each prior instance, the law identified the exact parcel, specified the land extent, and defined the permitted public purpose.
Past exemptions under the Act include the 2008 alienation of 1,223 square metres (0.30 acres) of the Indira Gandhi Musical Fountain Park near Raj Bhavan Road, which was cleared for road widening by the erstwhile Bruhat Bengaluru Mahanagara Palike. That same year, another amendment permitted the diversion of 1,135.18 square metres (0.280 acres) along the western boundary of Lalbagh to the Bangalore Metro Rail Corporation Ltd. for an elevated metro station.
Section 5 had also previously sanctioned the use of two specific plots within Cubbon Park, measuring 2,126.71 square metres (0.52 acres) and 11,160 square metres (2.75 acres), with their precise boundaries outlined in the legislation. Other past provisions allowed 18,028.35 square metres (4.45 acres) between the High Court building and the old KGID building for advocate and visitor parking, as well as roughly 49 acres and 34 guntas encompassing Vidhana Soudha, Vikasa Soudha, and surrounding structures for repairs and development works.