Excelsior Correspondent
JAMMU, Apr 29: In a significant decision, High Court of Jammu and Kashmir and Ladakh has held that the J&K Cooperative Housing Corporation Ltd is a Public Authority under Right to Information Act and is obliged to provide information under the said Act.
The J&K Cooperative Housing Corporation Ltd (JKCHC) had -challenged the decision of J&K State Information Commission whereby it was declared a ‘Public Authority’ under J&K RTI Act 2009 by filing writ petition before the High Court.
Information seeker, Vilakshan Singh who is an advocate by profession, had filed an application under J&K RTI Act 2009 before the J&K Cooperative Housing Corporation Ltd seeking information about the Tawi Vihar Colony Sidhra. But JKCHC refused to provide the information on the ground that RTI Act was not applicable to it as it was a Co-operative Society. The refusal by JKCHC to provide the information was challenged before J&K State Information Commission.
J&K State Information Commission held that J&K Co-operative Housing Corporation being controlled and substantially financed by the Government is a Public Authority under the J&K RTI Act 2009. The Information Commission further directed JKCHC to appoint Public Information Officers so that information could be provided to the information seekers. Aggrieved by the decision of the J&K State Information Commission, JKCHC had filed a writ petition before the High Court challenging the said decision.
Justice Javed Iqbal Wani, after hearing Advocate Meenakshi Salathia for JKCHC and Vilakshan Singh in person, dismissed the writ petition filed by JKCHC and held that the J&K Cooperative Housing Corporation Ltd being controlled and substantially financed by the Government is a Public Authority under the Right to Information Act.
After the dismissal of the said writ petition, the citizens can now seek information from the J&K Cooperative Housing Corporation Ltd under Right to Information Act.
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