Indian Express: Bengaluru: Sunday, 07 May 2023.
In the recent decisions by the Karnataka High Court and the Karnataka Information Commission, respectively, the Karnataka Golf Association and Bengaluru International Airport Limited (BIAL) have been determined to be under the ambit of Right to Information queries.
The High Court order regarding the Golf Association was issued on April 17 by a single judge bench consisting of Justice Sanjay Goda. In a prior writ petition regarding the matter, a coordinate bench of the High Court had looked into the question of whether societies registered under the Karnataka Societies Registration Act would be considered as public authorities for the purposes of RTI, being on lands provided on lease by the government. The bench had decided that it would be so in a 2021 decision.
In the present petition, the bench noted that the 30 year lease from 2010 of the Golf Association on 124 acre of land, wherein they paid two per cent of the annual gross income for the lease, would amount to being “substantially financed by the state”.
The bench elaborated, “The Golf Association can run the Golf Course only if the land is available to them and if the land is given to them on a heavily subsidized rent, this would amount to a substantial financing as contemplated under RTI Act.” The association would therefore attract RTI queries as a public authority.
Meanwhile, the Karnataka Information Commission had also issued a May 3 order wherein a full bench of the commission had held that the BIAL is a public authority and had observed that it was substantially financed by the government and that it fell under the RTI ambit.
In the recent decisions by the Karnataka High Court and the Karnataka Information Commission, respectively, the Karnataka Golf Association and Bengaluru International Airport Limited (BIAL) have been determined to be under the ambit of Right to Information queries.
The High Court order regarding the Golf Association was issued on April 17 by a single judge bench consisting of Justice Sanjay Goda. In a prior writ petition regarding the matter, a coordinate bench of the High Court had looked into the question of whether societies registered under the Karnataka Societies Registration Act would be considered as public authorities for the purposes of RTI, being on lands provided on lease by the government. The bench had decided that it would be so in a 2021 decision.
In the present petition, the bench noted that the 30 year lease from 2010 of the Golf Association on 124 acre of land, wherein they paid two per cent of the annual gross income for the lease, would amount to being “substantially financed by the state”.
The bench elaborated, “The Golf Association can run the Golf Course only if the land is available to them and if the land is given to them on a heavily subsidized rent, this would amount to a substantial financing as contemplated under RTI Act.” The association would therefore attract RTI queries as a public authority.
Meanwhile, the Karnataka Information Commission had also issued a May 3 order wherein a full bench of the commission had held that the BIAL is a public authority and had observed that it was substantially financed by the government and that it fell under the RTI ambit.
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