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Bombay HC Stays Order To Bring R-Infra Under RTI

BW Online Bureau Nov 08, 2014

<?xml version="1.0" encoding="UTF-8"?><root available-locales="en_US," default-locale="en_US"><static-content language-id="en_US"><![CDATA[In a relief to Anil Ambani-led Reliance Infrastructure Ltd (R-Infra), the Bombay High Court on Thursday stayed an order of Maharashtra State Information Commission bringing the company within the ambit of RTI Act. A division bench of Justices B H Marlapalle and Nishita Mhatre was hearing an appeal filed by R-Infra, challenging the order on the ground that it was a private company and not a public authority and hence the provisions of RTI cannot be applied to them. Granting an interim stay, the bench directed the Maharashtra government to file its reply within eight weeks. The State Information Commission had on July 19 passed an order bringing R-Infra within the purview of RTI after observing that though it was a private company it provided essential public service of electricity and hence came under the Act. The order was passed on a complaint filed by RTI activist Anil Galgali. The commission had also directed the company to appoint a public information officer and an appellate officer as per provisions of the RTI Act. In its appeal challenging the order, R-Infra has said it is not a body or institution of the government established or constituted by the Constitution of India. "RInfra does not fall within the definition of a public authority as either being owned, controlled or substantially financed by the funds provided by the government," the petition stated. The petition further said even the State Information Commission has admitted that R-Infra is a private company and has not been set up by the government. "Thus there is no question of the RTI Act being made applicable to RInfra. The order passed by the commission is liable to be quashed and set aside," it said. Galgali had approached the information commission after the company declined to provide him information regarding his electricity bills. His application seeking information under the RTI Act was rejected by the company which said its provisions did not apply to private companies. Galgali had argued before the commission that RInfra was formed under the Companies Act and functioned as a public utility and hence should come within the ambit of RTI. Accepting his argument, the commission had held the company was given work under the Electricity Act, 2003 and supplying power was a public service under the act. (PTI)