'A Bundle Of Assumptions': Karnataka High Court Dismisses PIL Alleging Poor Quality Construction Of Parshuram Theme Park In Udupi

The Karnataka High Court on Wednesday dismissed a public interest litigation filed by the President of Sriram Sena, challenging the alleged poor quality of work being undertaken in constructing the Parshuram Theme Park in the Udupi district.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit found that there was a delay in filing the PIL and that it was riddled with assumptions. 

“The petition is filed at a very belated stage. Secondly, the petition is nothing but a bundle of assumptions and presumptions of the petitioners and his own impressions."

The petitioners also claimed that the theme park is being erected on Gomala land (land reserved by the Government for pasturing animals). However, on going through the petition, the bench remarked, 

“Interestingly, there is not a single word from any person who claims to have such cows or animal husbandry  that because of this theme park he is deprived of grazing his animals or any other villagers are deprived of grazing animals in the said gomala land.”

The Court perused the photographs attached to the petition of the ongoing work and found that the photographs reveal that the work was nearing completion. Considering the nature of the work, it was also clear that the construction must have started a couple of years ago.

“There is nothing in the petition to show that the petitioner took some timely steps to bring to the notice of the authorities of this construction or their grievance in respect of this construction and when construction is at completion stage the petitioners have suddenly woken up and approached this court.”

It was also noted that various government departments had provided financial assistance for the construction of the theme park and that the entire amount for the expenditure for the said theme project is around 8.72 crore.

The division bench further remarked that the petitioner was not aggrieved by the construction causing prejudice to the villagers they were representing, but rather the quality of the construction. 

“Interestingly enough, the petitioner is not saying in clear terms that he has objection to theme work as it is causing some prejudice to the villagers whom the petitioners are representing. But the grievance reflected in the memo of the petition is of poor quality of work.”

Thus, the court found that the plea could not be entertained on any count. Accordingly, it dismissed the PIL.

Case Title: Pramod Hanumanth Rao Muthalik & Anr v State of Karnataka & Ors

Case No: WP 22002/2023

Citation: 2023 LiveLaw (Kar) 388