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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
P.B. Bajanthri, J.
Bangalore Turf Club Limited - Petitioner
Versus
State Information Commissioner and Ors. – Respondents
Writ Petition Nos.18449 of 2015, 38347, 58192 of 2013, 8053, 22774 of 2015
Decided On : 13-01-2021
Right to Information Act, 2005 - Section 2(h) - Constitution of India, 1950 - Article 39(b) - Section 2(20) and 2(27) - Public authority meaning of - Seeking certain information from respective petitioners - In not providing information sought or in not taking any action on their application, contesting respondents resorted to approach KIC and KIC passed order against each of petitioner - Whether petitioner -BTCL, MRCL, Ladies Club, and The Institute of Engineer (India) do fall under the definition of ‘public authority’ in terms of Act, 2005 or not - Whether Article 12 of the Constitution of India would come to the aid of excluding the petitioners from ‘public authority’ or not - It is necessary to reproduce Section 2(1)(h) of Act, 2005:
Finding of the court: Section 2(h) of Act, 2005, wherein latter portion of Section 2(h) has been discussed and has come to conclusion that DAV institution would fall under definition of ‘public authority’ under Act, 2005 - Non-government organization whoever benefited by directly or indirectly by funds provided by appropriate Government would fall under ‘‘public authority’’ under Section 2(h) of Act, 2005 - The word ‘State’ is defined under Article 12 of the Constitution in relation to enforcement of fundamental rights through Courts, whereas Act, 2005 is intended at achieving object of providing an effective frame work for effectuating right to information recognized under Article 19 ofConstitution of India. Information of private companies can only be assessed from its regulator - Respective petitioners have been provided lease land at throw away price as is evident from aforesaid amount in crores. BTCL-petitioners was given concession of Rs.524.70 crores and MRCL was given Rs.105.88 crores instead of Rs.525.62 crores and Rs.105.96 crores. If market value of land is taken on a particular date, in that event huge indirect financial aid has been provided by the State to petitioners.
Result: Petitions dismissed.
ORDER :
In these petitions, basically petitioners have questioned the validity of the orders/notice passed by the Karnataka Information Commission (Hereinafter referred to as ‘KIC” for short) bearing Nos. KIC 5129 APL 2014 dated 25.2.2015(W.P.18449/2015), KIC 3498 PTN 2012 dated 1.7.2013 (W.P. 38347/2013), KIC3499PTN2012 dated 16.09.2013 (W.P.58192/2013), KIC6920PTN2013 dated 23.01.2015 (W.P.8053/2015) and KIC.6728PTN2013 dated 01.04.2015 (W.P.22774/2015) and sought for declaring that the petitioner – Bengaluru Turf Club Limited (Hereinafter referred to as ‘BTCL’ for short), Mysore Race Club Limited (Hereinafter referred to as ‘MRCL’ for short, Ladies Club and The Institution of Engineer (India) are not ‘public authority’ as defined under Section 2(h) of the Right to Information Act, 2005 (Hereinafter referred to as ‘’Act, 2005’ for short).
2. In these petitions, contesting respondents – complainants filed applications seeking certain information from the respective petitioners. In not providing information sought or in not taking any action on their application, contesting respondents resorted to approach KIC and KIC passed order against each of the petitioner. Following are the dates and events of each petition:
The gist of the matter is as under:
| Sl. No. | Dates | Events |
| 1 |
| Memorandum And Article And Certificate Of Incorporation Ann-A Page No12 |
| 2 | 01/03/2014 | Copy Of The RTI Application Filed By 2nd Respondent Ann-B. Page 33 |
| 3 | 09/02/2015 | Copy Of The Summons Received By The Petitioner In Matter KIC5129APL2014 For Appearing In The Court Hall No. 4 On Dated 25/02/2015 At 11.00 AM Ann-C. Page 36 |
| 4 | 25/02/2015 | Copy Of The Impugned Order In The Matter KIC5129APL2014.. Appeal Is Adjourned To 19/08/2015 At 3.00PM For Further Hearing. Ann-D Page No.37 |
| 5 | 02/04/2014 | Appellant Preferred 1st Appeal With FAA, Office Of Bengaluru Turf Club, Race Course Road, Bengaluru, U/S 19(1) Of The Act Ann-D Page No.37 |
| 6 | 09/05/2014 | Appellant Preferred 2nd Appeal U/S 19(3) Of The Act Ann-D Page No.37 |
| 7 | 01/07/2013 | Order Copy In The Case No.KIC3498PTN2012 Passed By The 1st Respondent. Ann-E Page No.38 |
| 8 | 03/09/2013 | Copy Of The Interim Order Passed In W.P.No.38347/2013 (GM-RES) Ann-F Page No. 48 |
| 9 | 07/09/2010 | Status Quo. Order Passed By The Apex Court In SLP (Civil) 21157/2010 Page No.20 (Memo A/W Documents Filed On 15/12/2020 |
| 10 | 16/09/2006 | Copy Of The Order Passed By The Karnataka Information Commission In KIC 233 COM 06 |
The gist of the case is as follows:
| Sl. No. | Dates | Events |
| 1 |
| Memorandum of article of association and certificate of incorporation Ann-A page no 17 |
| 2 | 15/02/2012 | Application file u/s 6(1) of RTI 2005 along with vide reference No. EK4875015421IN. Ann-B page No.38 |
| 3 | 19/05/2012 | Complaint copy u/s 18(1) of RTI Act 2005 before the office of the Karnataka Information Commission Ann-C page No.41 |
| 4 |
| RTI Application Dated 14/02/2012 E-Mail application dated 15/02/2012 page no 43 |
| 5 | 03/12/2012 | Statement of Objection in KIC3498PTN2012 Ann-D page No. 46 |
| 6 | 01/07/2013 | Copy of order in case No. KIC3498PTN2012 Ann-E page No.51 |
The gist of the matter is as under:
| Sl. No. | Dates | Events |
| 1 | 15/04/1968 | Memorandum and articles of association along with the certificate of Incorporation of the petitioner Ann-A page no 21 |
| 2 | 15/02/2012 | Respondent 2 filed Application u/s 6(1) RTI Act 2005 Ann.B page No.68 |
| 3 | 09/03/2012 | Reply by th |
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