Date:19/08/2008 URL: http://www.thehindu.com/2008/08/19/stories/2008081958000100.htm

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RTI Act applies to BIAL: panel

S. Rajendran

Bangalore: A full Bench of the Karnataka Information Commission on Monday ruled that the Bengaluru International Airport (BIA) is substantially financed by the Government and, therefore, “the commission has no hesitation in holding that Bengaluru International Airport Ltd. (BIAL) is a public authority as defined under the RTI Act”.

BIAL, which has turned down requests to reply to various petitions or give information sought by the people relating to the construction and operations of the airport, now has to reply within a stipulated time.

The full Bench comprising State Chief Information Commissioner K.K. Misra and Information Commissioners H.N. Krishna and K.A. Thippeswamy heard at length the matter referred to it by the Karnataka High Court.

A resident of Bangalore, Benson Isaac, in a petition, said that BIAL came under the purview of the RTI Act since it was substantially financed by the Union and State Governments.

In June, BIAL challenged an order of the State Chief Information Commissioner in the Karnataka High Court and the latter directed that a full Bench of the commission hear the matter.

In its reply to the petitioner, BIAL had stated that the provisions of the RTI Act or the Karnataka Transparency in Public Procurement, Act, 1999 were not applicable to BIAL and that it was not a public authority.

It had also stated that BIAL is a company with equity participation by the private sector to an extent of 74 per cent and therefore the question of furnishing information did not arise.

In its order passed on Monday, the full Bench said the airport serves a public purpose and the people have a right to know about the execution and management of the project.

The commission said the BIA was a public-private partnership project, taken up in the interests of the public, where the financing by the government promoters was much more than by the private promoters.

It would be a negation of fundamental rights if information about the project was not provided to the people, the commission added.