BOARD OF MANAGEMENT OF THE BOMBAY PROPERTIES OF THE INDIAN INSTITUTE OF SCIENCE Vs. CENTRAL INFORMATION COMMISSION

JUDGEMENT

(1.) This petition filed under Articles 226 and 227 of the Constitution of India impugns the order dated 15th February, 2010 passed by the Central Information Commissioner (for short "the CIC") holding that the petitioner is a public authority as defined under Section 2(h)(d) of the Right to Information Act, 2005 (for short "the Act") and directing the petitioner to provide the complete information to the present respondent No.3 before 5th March, 2010. This petition was filed on 4th March, 2010 and appeared before the Court for the first time on 17th March, 2010 and the Court had not granted stay to the impugned order.

(2.) The petitioner is the Board of Management of the Mumbai properties of the Indian Institute of Science at Bangalore (for short "the Institute") and the said Institute is an autonomous body under the Ministry of Human Resource Development, Government of India and is also a deemed University and financed by the Government of India. Late Shri Jamsetjee Nusserwanjee Tata had submitted a proposal to the Government of India for funding an Institute of Research in India and endowing such institute with immoveable properties in the City of Mumbai. Accordingly, on 27th May, 1909 the Secretary to the Government of India passed a Vesting Order under Sections 4 and 7 of the Charitable Endowments Act, 1890 (for short "the Endowments Act") and the properties as listed in Schedule "A" to the said Vesting Order came to be vested in the treasurer of the Charitable Endowments for the Territories subject to the Government of Mumbai. By a subsequent order dated 13th November, 1941 passed by the Government of India through the Finance Department all the properties vested in the Treasurer for Charitable Endowments for any Province came to be vested under Section 12 of the Endowments Act in the Treasurer of Charitable Endowments for India. By the subsequent Notification dated 22nd May, 1967 the Government of India through the Ministry of Education and upon the application of the Council of the Institute and its Board of Management and in exercise of the powers conferred under Section 5 of the Endowments Act and with the concurrence of the Council and the Board of Management and the joint consent of the Trustees of the Public Charities known as Sir Dorabji Tata Trust and the Sir Ratan Tata Trust and with the approval of the Visitor of the said Institute, declared a Scheme for the administration and management of the properties and funds of the said Institute and as set out in Schedule "H" to the Vesting Order dated 27th May, 1909 and thereby revised the Scheme as set forth in the Vesting Order dated 27th May, 1909. Thus, the management of the properties which were vested with the Treasurer for Endowments of the Central Government and covered by the Order dated 27th May, 1909 became a part of the Scheme dated 22nd May, 1967.

(3.) Respondent No.3, by his application dated 24th September, 2007 addressed to the Public Information Officer of the Institute, sought the following informations in respect of 2 flats situated in Hamton Court and 1 flat in Jenkins House at Mumbai: