Chandigarh Golf Club Gets High Court Relief: Division Bench Stays Single Bench Order Declaring Club Under RTI Act
In a significant legal development, the Punjab and Haryana High Court has granted interim relief to the Chandigarh Golf Club by putting a formal stay on a single bench's earlier decision that sought to bring the prestigious institution under the purview of the Right to Information (RTI) Act, 2005. A division bench comprising Justices Jasgurpreet Singh Puri and Sanjiv Berry heard the club's appeal against its classification as a 'public authority' and issued a notice of motion. The court has scheduled the final hearing in the high-profile case for October 14, temporarily pausing transparency compliance demands while legal arguments are weighed.
Club Challenges Concessional Land Lease and Government Control Arguments
The legal battle originated from a May 29 ruling by a single bench that dismissed the club's petition and classified it as a public authority based primarily on two foundational grounds. The first ground alleged that the club was occupying government land on a concessional lease, paying less than one percent of the market rate to the Chandigarh Administration. Challenging this finding, the club's legal counsel argued that it is currently paying rent strictly in accordance with assessed market values. Furthermore, the club cited a landmark Supreme Court precedent establishing that "merely receiving a subsidy or lease concession cannot automatically convert a private entity into a public authority."
Arguments Over Nominated Board Members and Governance Control
Addressing the second ground cited by the single bench—which highlighted government presence through three nominated members on the 15-member Board of Governors—the club strongly contested the interpretation of administrative control. The management argued that three votes do not constitute a majority on a 15-member board and that the nominated representatives serve a limited regulatory function. Their primary responsibility, the club submitted, is purely to ensure that public property is safeguarded and that the official guidelines of the Chandigarh Administration are adhered to without interfering in day-to-day operations. Following initial arguments from both sides, the division bench opted to grant the interim stay, leaving the ultimate question of RTI applicability for the final hearing in October.
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