BENGALURU: Even as an elected government is expected to have consultative mechanisms for public projects for a healthy democracy, the manner in which the Karnataka government has taken a decision to alienate 5% parkland across the state and to construct entry and exit ramps inside Lalbagh for the controversial 17km Hebbal–Silk Board Twin Tunnel Road, legal experts have criticised the move and termed it as “pure dictatorship”.
Prashanth Mirle, a lawyer and partner of Indian Law Practice, said the proposed tunnel road project is the only motivation for the Karnataka Parks (Preservation) (Amendment) Bill, 2026. The Karnataka Government Parks (Preservation) Act, 1975 governs every government park in the state, and the new 5% window applies to all of them. Across Bengaluru, it would carve out 65 acres of green space, including about 12 acres in Lalbagh and 9.85 acres in Cubbon Park.
“Constitutionally, the lack of consultation or debate does not itself invalidate legislation. Article 212 protects proceedings from challenge for mere procedural irregularity. Nevertheless, Article 14 bars arbitrariness, Article 21 includes environmental quality and Articles 48A and 51A(g) impose environmental responsibilities. The public trust doctrine treats parks as assets held for the people, not as government stock-in-trade,” said Mirle.
The lawyer said he does not suggest that no park land can ever serve a public purpose. It can, but through a separate, project-specific route – a defined “public utility”, prior ecological and hydrological appraisal, published reasons, compensatory land of equal extent in the vicinity and independent oversight of each diversion, he said.
Shiva Srinivasan, a lawyer and founding partner of Diwakar & Srinivasan Advocates, Attorney and ADR Consultants, said, “It is a surprise that the state government steered away from seeking public consultation before passing the Bill. Public sentiment stands heavily against it, and our legislators once more proved that they are more interested in vested interests than the welfare of citizens,” he said.
The foundational thought behind the amendment is flawed, as it perpetuates the misapprehension that a park or garden is not a public utility infrastructure in its own right. The state government is prioritising wheels over feet.
“The Statement, Object and Reasons in the Bill provide no discernible rationale as to why the government has singled out parks and gardens as their target. They are the safeguards of a developing city to avoid environmental deterioration.
The Bill runs contrary to every notion of that idea,” Srinivasan said.
The new Clause 5(1) in the Bill adds to the continued jeopardisation of the integrity of environmental protection in Karnataka. Lakes, forests, grasslands, and now even iconic parks and gardens are safe, Srinivasan contended.
S Umesh, a lawyer and president of Lalbagh and Cubbon Park Walkers’ Association, said in his association with the two lung spaces in the city for the past 16 years, he has witnessed fights against the commercialisation of parks, but this is for the first time the government is insistent on ruling out public consultation on the alienation of parks. He said this can cause a cascading impact on the environment.
He said this is being done by the Congress, which is attacking Prime Minister Narendra Modi of dictatorship.
“Avoiding consultation, passing the bill in haste and taking ad-hoc decisions regarding public projects highlight that the government has slipped into a pure dictatorship mode,” said Umesh. “It is meddling with environmentally sensitive issues. They decided to make roads on a stormwater drain buffer, and now decided to grab parkland. The association will file a PIL at the Karnataka High Court,” he said.