Citizen activist Sanjay Shirodkar single-handedly took on Mumbai International Airport (MIAL) which refused to provide information, saying that it cannot come under the RTI Act. On 30th May, Central Information Commissioner Sushma Singh ordered that privately-managed airports come under the purview of the RTI Act. It’s an important decision that will impact all public-private partnerships that tend to be secretive in their functioning.
How RTI activist Sanjay Shirodkar has since 2008 relentlessly pursued the matter of bringing Mumbai International Airport (MIAL) under the purview of the Right to Information Act. His contention, on the basis of documents which he procured, was that the Airports Authority of India (AAI) has a 26% stake in the public-private partnership; that AAI has leased out 2,000 acres of government land to the private operator; and that it has also waived Rs250 crore stamp duty, which made it a case of "substantial funding" by a government body. Mr Shirodkar also cited two other decisions of the Central Information Commission (CIC) wherein the Delhi International Airport (DIAL) and the Bangalore International Airport (BIAL) were ordered to be brought under the purview of the RTI Act.
In the case of DIAL, the CIC said that "the Commission is of the opinion that a holding of 26% is quite substantial for any company, and therefore, Section 2(1), which states that any body owned, controlled or substantially financed is a public authority, is applicable to DIAL, and hence it is bound by the directions of the RTI Act. The Commission, therefore, directs DIAL to provide for the directions of the RTI. This must be done within 15 days of the issue of the order."
On 11 June 2008, Mr Shirodkar got a similar order from the CIC with respect to MIAL, but MIAL decided to file a petition in the Delhi High Court. The High Court re-directed the CIC order back to the CIC. On 13 May 2011, central information commissioner Sushma Singh sent copies of the General Administration Department (GAD), Mantralaya, letter procured by Mr Shirodkar which stated that MIAL has been given a stamp duty concession of Rs250 crore and that it operates on 2,000 acres of government land. Now, is this not sufficient premise for MIAL to come under the RTI Act, with such substantial funding from the government.
Finally on 30 May 2011, Sushma Singh gave an order, citing reasons why MIAL is a public authority, and asked MIAL to appoint a public information officer (PIO) within 30 days of the receipt order. Ms Singh concluded by stating: "We find no hesitancy in declaring MIAL as a public authority under clauses (d) and (i) respectively of Section 2(h) of the RTI Act. MIAL shall appoint a CPIO and FAA within 30 days of the receipt of this order and shall also fulfill the mandate of Section 4(1) disclosure as mandated under the RTI Act within two months of the receipt of the order."
How RTI activist Sanjay Shirodkar has since 2008 relentlessly pursued the matter of bringing Mumbai International Airport (MIAL) under the purview of the Right to Information Act. His contention, on the basis of documents which he procured, was that the Airports Authority of India (AAI) has a 26% stake in the public-private partnership; that AAI has leased out 2,000 acres of government land to the private operator; and that it has also waived Rs250 crore stamp duty, which made it a case of "substantial funding" by a government body. Mr Shirodkar also cited two other decisions of the Central Information Commission (CIC) wherein the Delhi International Airport (DIAL) and the Bangalore International Airport (BIAL) were ordered to be brought under the purview of the RTI Act.
In the case of DIAL, the CIC said that "the Commission is of the opinion that a holding of 26% is quite substantial for any company, and therefore, Section 2(1), which states that any body owned, controlled or substantially financed is a public authority, is applicable to DIAL, and hence it is bound by the directions of the RTI Act. The Commission, therefore, directs DIAL to provide for the directions of the RTI. This must be done within 15 days of the issue of the order."
On 11 June 2008, Mr Shirodkar got a similar order from the CIC with respect to MIAL, but MIAL decided to file a petition in the Delhi High Court. The High Court re-directed the CIC order back to the CIC. On 13 May 2011, central information commissioner Sushma Singh sent copies of the General Administration Department (GAD), Mantralaya, letter procured by Mr Shirodkar which stated that MIAL has been given a stamp duty concession of Rs250 crore and that it operates on 2,000 acres of government land. Now, is this not sufficient premise for MIAL to come under the RTI Act, with such substantial funding from the government.
Finally on 30 May 2011, Sushma Singh gave an order, citing reasons why MIAL is a public authority, and asked MIAL to appoint a public information officer (PIO) within 30 days of the receipt order. Ms Singh concluded by stating: "We find no hesitancy in declaring MIAL as a public authority under clauses (d) and (i) respectively of Section 2(h) of the RTI Act. MIAL shall appoint a CPIO and FAA within 30 days of the receipt of this order and shall also fulfill the mandate of Section 4(1) disclosure as mandated under the RTI Act within two months of the receipt of the order."
