Hindustan Times: Chandigarh: Saturday, 30 May 2026.
Disposing of a petition from the club, pending since 2012, the HC bench of justice Kuldeep Tiwari said the UT administration exercises substantial control over, and extends substantial financing indirectly to, the club
The Punjab and Haryana
high court (HC) has held that the Chandigarh Golf Club (CGC) comes under the
ambit of the Right to Information (RTI) Act and is liable to provide
information as per law.
Disposing of a petition from the club, pending since 2012, the HC bench of justice Kuldeep Tiwari said the UT administration exercises substantial control over, and extends substantial financing indirectly to, the club. “ …thereby bringing it within the definition of a public authority under Section 2(h)(ii) of the RTI Act. There is no illegality or infirmity in the impugned order declaring the Golf Club a public authority and directing it to put in place an appropriate mechanism for compliance with the provisions of the RTI Act,” the court ruled, adding that since the petition remained pending since 2012, the club is directed to implement an appropriate mechanism for compliance with RTI law within a month.
The public authority refers to an organisation, established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly by the central or state government.
Club plea against 2012 order of central info commission
The petition was from the club against the 2012 decision of the Central Information Commission, New Delhi, which declared the club a public authority under the RTI law and directed it to implement an appropriate mechanism for compliance with RTI law. The plea from the club argued it is neither directly nor indirectly dependent upon any financial assistance extended by the administration or any other governmental organisation, nor is it in any manner subject to or under the control of the administration. It is a duly registered private society functioning under the exclusive control and supervision of its own managing committee, it had argued.
‘Club deriving benefits of concessional land allotment’
The court noted that the club is situated in the heart of Chandigarh, occupying 132 acres of prime land, the market value of which was recorded at ₹1,000 crore in 2012 and may currently be considerably higher. It came into being pursuant to a lease in March 1988. The monthly rent was to be decided by the estate office and an annual lease amount of ₹3,960 for the golf course at the rate of ₹30 per acre per annum was decided. It found that against the assessed rent of ₹33.4 lakh, computed at 2003 rates, the club has been paying merely ₹8,530 a month, which constitutes no more than 0.255% of the assessed rent.
“Consequently, this court has no hesitation in concluding that the Golf Club is substantially financed by the Chandigarh administration from public funds and, therefore, qualifies to be declared a “public authority” under the RTI Act,” it held.
It also took into account that in March 2018, the terms and conditions of the lease were amended, and the UT administration can nominate three members – one permanent and two mid-week. It also took note of a 2012 communication from the UT estates office that the club, deriving all benefits of concessional allotment of land and utilising public property (land and building), is under an obligation to comply with the requirements of the RTI Act as a “public authority”. “All this reflects that the control of Chandigarh administration is not merely supervisory in nature or regulating through a statute, rather it has effective control in the prominent affairs of the Golf Club, specifically upon the land and its building,” the bench held dismissing the plea.
Disposing of a petition from the club, pending since 2012, the HC bench of justice Kuldeep Tiwari said the UT administration exercises substantial control over, and extends substantial financing indirectly to, the club
 |
The court noted that the
club is situated in the heart of Chandigarh, occupying 132 acres of prime land,
the market value of which was recorded at ₹1,000 crore in 2012 and may
currently be considerably higher. (HT Photo for representation) |
Disposing of a petition from the club, pending since 2012, the HC bench of justice Kuldeep Tiwari said the UT administration exercises substantial control over, and extends substantial financing indirectly to, the club. “ …thereby bringing it within the definition of a public authority under Section 2(h)(ii) of the RTI Act. There is no illegality or infirmity in the impugned order declaring the Golf Club a public authority and directing it to put in place an appropriate mechanism for compliance with the provisions of the RTI Act,” the court ruled, adding that since the petition remained pending since 2012, the club is directed to implement an appropriate mechanism for compliance with RTI law within a month.
The public authority refers to an organisation, established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly by the central or state government.
Club plea against 2012 order of central info commission
The petition was from the club against the 2012 decision of the Central Information Commission, New Delhi, which declared the club a public authority under the RTI law and directed it to implement an appropriate mechanism for compliance with RTI law. The plea from the club argued it is neither directly nor indirectly dependent upon any financial assistance extended by the administration or any other governmental organisation, nor is it in any manner subject to or under the control of the administration. It is a duly registered private society functioning under the exclusive control and supervision of its own managing committee, it had argued.
‘Club deriving benefits of concessional land allotment’
The court noted that the club is situated in the heart of Chandigarh, occupying 132 acres of prime land, the market value of which was recorded at ₹1,000 crore in 2012 and may currently be considerably higher. It came into being pursuant to a lease in March 1988. The monthly rent was to be decided by the estate office and an annual lease amount of ₹3,960 for the golf course at the rate of ₹30 per acre per annum was decided. It found that against the assessed rent of ₹33.4 lakh, computed at 2003 rates, the club has been paying merely ₹8,530 a month, which constitutes no more than 0.255% of the assessed rent.
“Consequently, this court has no hesitation in concluding that the Golf Club is substantially financed by the Chandigarh administration from public funds and, therefore, qualifies to be declared a “public authority” under the RTI Act,” it held.
It also took into account that in March 2018, the terms and conditions of the lease were amended, and the UT administration can nominate three members – one permanent and two mid-week. It also took note of a 2012 communication from the UT estates office that the club, deriving all benefits of concessional allotment of land and utilising public property (land and building), is under an obligation to comply with the requirements of the RTI Act as a “public authority”. “All this reflects that the control of Chandigarh administration is not merely supervisory in nature or regulating through a statute, rather it has effective control in the prominent affairs of the Golf Club, specifically upon the land and its building,” the bench held dismissing the plea.
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