Karnataka Golf Association Substantially Financed By Govt In Form Of Subsidised Rent, Qualifies As Public Authority Under RTI Act: Karnataka High Court

The Karnataka High Court has declared that the Karnataka Golf Association is a public authority as contemplated under the Right to Information Act (RTI).

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(h) of the Act.

The bench noted that the Association is running a Golf Course on the basis of the land leased to it by the State. “The fact that 124 acres of land has been leased on 2% of the annual gross income would indicate that the Association has been substantially financed by the State,” it said.

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 (India), 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.

Thus it upheld the order of the Karnataka Information Commission that the petitioner-Association is a public authority as contemplated under the RTI Act.

Case Title: Karnataka Golf Association And Karnataka Information Commission & ANR

Case NO: WRIT PETITION NO. 55173 OF 2014

Citation: 2023 LiveLaw (Kar) 171

Date of Order: 17-04-2023

Appearance: Advocate Karan Joseph for Petitioner

Advocate G B Sharath Gowda for R1.

Umapathi S, Party in person.

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