State Information Commissioner H.N. Krishna was taken aback at a hearing of complaints and appeals here on Thursday when an official of Mangalore Special Economic Zone Limited (MSEZL) replied that the company is not constituted under the Constitution and it is not under the control of the Government.
“I am shocked,” he told presspersons after the meeting, responding to contents of the written objections filed before the Commission by Ramachandra Bhandarkar, Public Relations Officer, MSEZL, pertaining to a complaint.
He later gave a copy of the written objections filed by the MSEZL. “The respondent (MEZL) is a company incorporated under the provisions of the Companies Act, 1956. The respondent is not established or constituted by or under the Constitution. The respondent is not established or constituted by any law made by the Parliament or the State legislature or by any notification issued or order made by the government,” said the objection letter
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“The respondent is not (a) body owned or controlled or substantially financed by the government. The respondent is not under the control of the government either functionally or administratively. As such, the respondent is not a ‘public authority' under the provisions of the RTI Act and RTI Act is not applicable to the respondent.” The Commission had earlier held that the MSEZL is a public authority but the company had questioned it before Karnataka High Court through two writ petitions. The decision of the high court was pending.
The complainant wanted to know from the company details of the special rehabilitation package which a land looser at Permude village would get in addition to the cost of the land acquired. The complainant had approached the Commission alleging that the company had denied this information.
At the hearing Mr. Krishna questioned the company how could they say that it was “not established or constituted by any law made by the Parliament”. “Then who made the Companies Act, 1956?” he said. Mr. Bhandarkar did not reply. Visibly upset Mr. Krishna described the company's views as being “irresponsible”. Mr. Krishna said when the company was utilising basic infrastructure facilities such as road, water, and power supply from the government how could it say it was not “substantially financed by the government” He said the government had announced tax rebates for the companies under SEZ. “What is it then?,” he said.
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The Information Commissioner said why should the Karnataka Industrial Area Development Board (KIADB) allot land to the company.
A. Krishnamurthy, Special Land Acquisition Officer, KIADB, said arranging special rehabilitation package came under the purview of MSEZL. He was asked submit a written submission to this effect within 15 days.
Mr. Krishna said of 21 complaints taken up for hearing on Thursday, 14 were disposed off and the remaining were adjourned.