The Karnataka Information Commission in an order has declared the Bangalore International Airport Ltd. (BIAL) that operates the Kempegowda International Airport (KIA) as a public authority under the RTI Act.
A Full Bench of the Karnataka Information Commission, comprising State Chief Information Commissioner N.C. Srinivasa and State Information Commissioners S.M. Somashekara and K.P. Manjunath in an order on May 3 declared that BIAL was a public authority.
“Bangalore International Airport Ltd. is hereby declared as ‘public authority’ within the meaning of Section 2(h)(d)(i) RTI Act, 2005. Hence, Bangalore International Airport Ltd. is further directed to suo motu comply with the mandatory provisions of Section 4(1)(b) of the RTI Act, 2005 and publish all particulars as required thereunder within a period of two months from the date of receipt of this order and report compliance on the next date of hearing without fail,” the order stated.
In 2007, a Yelahanka resident filed a complaint against BIAL, stating that he did not receive a response for an RTI filed by him. The complainant had received a letter from BIAL, stating that the provisions of the Right to Information Act 2005 were not applicable to BIAL as it was not a public authority.
Equity
In response, the complainant argued that as per information available on airport website private promoters held 74 per cent of the equity while the State promoters held the remaining 26 per cent.
He also further contended that the Government of Karnataka-appointed agency, the Karnataka State Industrial Investment & Development Corporation had provided the site to BIAL free from all encumbrances under the Land Lease Agreement, besides making a State Support Agreement of ₹35O crore to BIAL for the purpose of this project.
He stated that this established substantial government participation in BIAL and sought information from BIAL under the provisions of Right to Information Act, 2005.
Order in 2008
In 2008, a FulI Bench of the commission issued an order that BIAL was a public authority and directed the company to furnish information to the complainant within one month.
However, BIAL challenged the order in the Karnataka High Court which was dismissed in 2010; it again filed a writ petition which was set aside and the matter was remitted to the commission with a direction to decide the matter afresh after affording an opportunity for hearing to the parties.
During the hearing, the commission highlighted that the Karnataka government had leased 4,008.32 acres of land and also lent a sum ₹350 crore by way of interest-free loan repayable from the 11th financial year in 20 half-year instalments. In addition, the State and Central governments had also contributed ₹50 crore each by way of equity share.
Interest-free loan
“The government of Karnataka has made available interest-free loan of ₹350 crore to BIAL for financing the project. Thus, not only this loan is interest-free but also subordinated to the other debts incurred in this project. The contribution of the government is far greater than that of the private promoters and second only to the contribution raised from debts,” it stated.
BIAL in its statement of objections stated that the complainant had neither appealed nor had he put forward his version before the commission in spite of being issued repeated notices and also afforded multiple opportunities.
It said that the complainant was practically not interested in seeking information and for this reason alone, the complaint should be closed.
