Delhi Golf Club is covered under the definition of “public authority” stated in Sec-2(h) of the RTI Act,

Central Information Commission (CIC): Delhi Golf Club is covered under the definition of “public authority” stated in Sec-2(h) of the RTI Act, hence answerable to the public, held Central Information Commission. Delhi Golf Club is situated in the heart of Delhi on 179 acres of land provided on lease by the Central Government. The lease period had been extended till 2050 in 2012. CIC was hearing a complaint filed by eminent RTI activist, who had sought some information from Delhi Golf Club regarding lease term and membership of the club but the Secretary, Delhi Golf Club had denied the said information stating that Delhi Golf Club is not a public authority under Sec-2(h) of the RTI Act. Rejecting the contention of Delhi Golf Club, M L Sharma, Information Commissioner said, "The land roughly valued at Rs 46,722 crore has been leased out to DGC for a petty consideration of Rs 5.82 lakh per annum. In my opinion, it is a clear case of indirect financing of DGC by the Central Government under section 2(h)(d)(i) of the RTI Act. I, therefore, hold DGC to be a public authority under the RTI Act". “It is pertinent to mention that clause 2(h)(d)(i) of RTI Act contemplates ‘control’ and not ‘substantial control’ by the appropriate Govt.. Control need not be pervasive; even nominal control amounts to control as per this statutory provision. The presence of senior Govt. officers in the Management Committee of Delhi Golf Club contemplated in clause 21(i) of the Amendment Deed leaves no manner of doubt in my mind that Central Govt. exercises reasonable amount of control over the affairs of Delhi Golf Club”, Sharma added. (Subhash Agarwal v. Delhi Golf Club, [2013] CIC 12095, decided on August 30, 2013)

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