Karnataka Golf Association Substantially Financed By Govt In Form Of Subsidised Rent, Qualifies As Public Authority Under RTI Act: Karnataka High Court
Live LawThe Karnataka High Court has declared that the Karnataka Golf Association is a public authority as contemplated under the Right to Information Act. A single judge bench of Justice N S Sanjay Gowda dismissed a petition filed by the Association challenging the order of Karnataka Information Commission by which it declared the Association as a public authority under Section 2 of the Act. In this regard, the Court relied on a coordinate bench decision in Bangalore Turf Club Limited v. State Information Commission, which upheld the finding recorded by the Karnataka Information Commission that Bangalore Turf Club, Mysore Race Club, Ladies Club and the Institution of Engineer, which have been granted lands on the basis of the lease by the Government, are indeed public authorities and the provisions of the RTI Act would therefore be applied to them. "The Government order which is produced along with this petition indicates that 124 acres of land has been leased to the Association, for a period of 30 years from 17.05.2010, subject to the association paying 2% of annual gross income as lease rent for the fresh lease period.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 subsidised rent, this would amount to a substantial financing as contemplated under RTI Act,” Court observed in this case.