Dear All ,
Today KIC has pronounced a another Land Judgement Holding the Bangalore
International Airport ltd as an Public Authority as defined in Sec 2(h) of the
RTI Act.
ISSUES FRAMED FOR DECESION :
1. Is BIAL controlled by the Govt?
2. Is BIAl substantially Financed by the Govt?
3. Is BIAL a public Authority?
4. Is Is the Complainant entitiled to information Sought by Him ?
Benson Issac V/s BIAL & PIO KSSIDC Bangalore KIC 1286 Com 2007 14/05/2008
Gist of Orders of KIC
Commission is of view that the Project does come under the definition
Substantially Financed under CAG Act .
The argument that loan of Rs 350 crores is not from Consolidated funds of the
State is Factually Incorrect State Govt Funds ubnder SSA Funds have been
Channelized through KSSIDc which is owned by Govt.
Financing by Govt promoters Equity by KSSIDC, Equity by AAI, Debt underr SSA ,
Exemption from entry Tax, Exmeption from Property Tax for 5 years , Lease of
Land on Cocessional Rent, Waiver of Stampduty and Registratio Charges ,
Exmption From fee for Change of Land use , Exmption from Payment of Road Cess
The last issues are not Quantified except Equity and Debt which are 42.47
,42.47, & 359 Crores
In this case the PP projectr taken up in the interest of General Public wher
financing by the Govt promoters directly & indirectly is more than that by
Private promoters ,The Project is also Sunject to audit by CAG. It will be a
negation of Fundamental Rights of the Citizens if information about the project
is not given to them. Commission Replies the Fourth issue in affermative
To rmove of Doubts it is clarified tha a citizen seeking Suomoto Declaration
need not pay intial fee of Rs 10/- The Request by the Complainant is is
therefore valid and R-1 (BIAL) is hereby directed to provide the Necessary
information to the Complaiant within a month free of cost through RPAD under
intimation to the Commission.
In excersise of powers vested in it under section 19.8.a.ii of the act
commission also directs R-1 to appoint PIO /s and publicize them for the
benefit of Citizens
Signed and Pronounuced in the open Court this 14th Day of May 2008
KK Mishra
State Chief Information Commission
MAHITHI HAKKU ADAYAYANA KENDRA'S COMMENTS :
The issue CAG Audit is contention Issue as an Pvt Ltd Company will be subject
to Audit by an CA , Hence BIAL will certainly Contest the case in the High
Court , as such we have advised Mr Benson Issac the Complaiant file a Cavet in
HC .
Further it is an Land mark Order and once again Proves that RTI Shuld Apply to
all sections of the society and not only govt sector . NGOs Charitable trusts
or Trade unions should be just be accountable and as transparent as Govt in an
Developing Economy if is required in Public Interest
N vikramsimha , KRIA Katte & Trustee Mahithi Hakku Adayana Kendra , #12 Sumeru
Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.
PS : the Order Runs into 6 pages and will be sent to Requesters Separetly since
Some do not permit attachements
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