Central Information Commission
Mrvishwas Bhamburkar vs Bureau Of Civil Aviation Security on 15 June, 2016
CENTRAL INFORMATION COMMISSION
Room No. 06, Club Building, Old JNU Campus
New Delhi 110067. Tel: 011 - 26182597, 26182598
Appeal No.:CIC/YA/A/2015/000414/BJ
Appellant : Mr. Vishwas Bhamburkar
B72, Satellite Centre, Vastrapur,
Ahmedabad - 380015.
Respondent : (1) CPIO& ACS (Civil Aviation),
Civil Aviation Security Bureau,
D9, Gate No. 01. M.I.A.L. Residency Colony,
Anderi Sahar Road, Anderi, Mumbai
: (2) CPIO
Mumbai International Airport Pvt. Ltd.
C.S.I. Airport, 1st Floor, Terminal 1B,
Santacruz (E), Mumbai 400099
Date of hearing : 15.06.2016
Date of Decision : 15.06.2016
Date of filing of RTI application 14.08.2014
CPIO's response 26.08.2014
Date of filing the First appeal 22.09.2014
First Appellate Authority's response Not on record
Date of filing second appeal before the Commission 13.02.2015
O R D E R
FACTS:
The appellant sought the following information in his RTI application dated 14.08.2014:
a) "I would like to be informed of the mandatory distance that has to be maintained between the Airport Terminal Building and the car parking area.
b) I would like to be informed of the distance that has been maintained between the multi level/multistoreyed parking provided at the Chhatripati Shivaji International Airport Page 1 of 3 which is also sought to be known as Mumbai International Airport after its privatization.
c) I would like to be informed whether this car parking facility, which is already built, has received any clearance whatsoever from BCAS, preliminary, conditional, regular, permanent or any other classifications that there might be for the aforementioned car parking to be less than 100 meters from the Airport Terminal Building. If yes, I would like to be provided an authenticated/certified copy of all such clearances given by BCAS to Mumbai International Airport.
d) An authenticated/certified copy of the entire file relating to clearance for car parking may kindly be provided to me."
The CPIO stated in his reply that Mumbai International Airport Pvt. Ltd. (MIAL) is not a "Public Authority" under the provisions of the RTI Act and therefore, the RTI Act does not apply to MIAL. Hence they were unable to part with any information. The appellant filed a first appeal but FAA's order is not on record. HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Mr. Vaghela appellant's representative (M:9427608632) through VC; Respondent: Mr. S. K. Vyavahare, GM (Engg) AAI; Mr. Kashyap, DGM, Rajbhasha (M:9869549400); Mr. Chinson, GM(Aerodrome) (M:8693846600); Mr. S. K. Malik, Jt. GM(Security)(M:9930000303) and Mr. S. K. Jinde, DGM(Law)(M:8828268475) through VC; Mr. S. K. Purwar, GM(AAINew Delhi)(M:9899820195) and Mr. Jeet Prakash, DGM(ATM)AAINew Delhi (M:9968288789); Mr. Raghava, G.M. (Legal) (M:9167213738)MIAL;
The appellant reiterated the contents of his RTI application dated 14/08/2014. The respondents had transferred the application to MIAL which in turn replied that it is not a public authority as per the RTI Act, 2005. The appellant however, objected to the averments made by the respondents in all similar cases. The respondent explained that the information sought is held with DIAL or MIAL in all such cases who had claimed not to be public authority. The representative of MIAL submitted that the issue whether MIAL is a "Public Authority" as per section 2(h) of the RTI Act, 2005 is subjudice before the Hon'ble High Court of Delhi. The representative of MIAL submitted a copy of the present status of the case with the Hon'ble High Court of Delhi.
DECISION:
Based on the facts available on record, it is evident that there is no justification for any intervention by the Commission in the matter.Page 2 of 3
The appeal stands disposed accordingly.
(Bimal Julka) Information Commissioner Authenticated True Copy:
(K.L.Das) Deputy Registrar Page 3 of 3