Century Club moved the High Court against a single judge order passed in 2025 that upheld the order passed by the State Information Commission in 2017.
The Karnataka High Court on Friday dismissed an appeal filed by Century Club in Bengaluru and upheld an order passed by the State Information Commission (SIC) declaring it to be a ‘public authority’, under provisions of the Right To Information Act, as it is built on government land. The land was granted to the club in 1913 by the then Maharaja of Mysuru.
A bench of Justice Anu Sivaraman and Justice Venkatesh Naik T in its order said, “The land on which the Century Club is situated belongs to the public and therefore, the Century Club cannot enrich itself at the cost of the public money. It is not paying any rent or lease or any royalty to the Government, and the entire land of 7.5 acres is granted free of cost, which would amount to substantial finance by the Government and the property belongs to the State Government.”
The appeal was filed by the Century Club against a single judge order passed in 2025 that upheld the order passed by the State Information Commission in 2017.
The SIC had issued the impugned order while allowing a complaint filed by Advocate S Umpathy after the club rejected his RTI application. The Club had said it was a private authority and not amenable to provisions under the RTI Act.
In an appeal, the club primarily argued that it is not an Authority or body established by or under the Constitution, or any Central/State legislature, as it owes its origin to neither a constitutional text, nor any constitutional scheme. It is a Private Members Club functioning under its own rules and bye-laws without any governmental notification, conferring upon it the character of a public institution.
Outside purview of Section 2(h) of RTI Act
Advocate Prashanth Murthy S G appearing for the club argued that Century Club falls entirely outside the purview of the first part of Section 2(h) of the RTI Act, and any attempt to artificially bring it within this framework would be contrary to the plain language of the statute and judicial interpretation thereof. Moreover, the RTI Act aims to ensure openness in public administration, but its objectives do not warrant an overreach into autonomous private institutions. The club also does not perform any public function.
Advocate S Umpathy appearing in person argued that entities receiving substantial benefits from the government, whether directly or indirectly, can be classified as ‘Public Authorities’ under the RTI Act. He pointed out that Century Club was granted 7.5 acres of land by the then Maharaja of Mysuru, and it constitutes substantial support. Since the club has received substantial government support in allotting 7.5 acres of land, that too, in the heart of Bengaluru, i.e. Cubbon Park. Thus, the Century Club comes within the ambit of the RTI Act, making it subject to public scrutiny.
The bench noted that Highness Maharaja of Mysuru Narasimha Raja Wodeyar and Sir M Visveswaraya started the Century Club and it was granted 7.5 acres of land by the then Maharaja of Mysuru in 1913 for its activities free of cost.
Stating that it is therefore a non-government organisation substantially financed by the funds provided by the appropriate Government, the bench said, “Grant made in the name of Maharaja of Mysuru would also indicate that it is not the personal property of the Maharaja of Mysuru. If a King/a Ruler granted land free of cost before independence, the grant is generally recognised as an Act of the State or the sovereign rather than a strictly private transaction. Therefore, providing a major piece of land to Century Club, that too, in the heart of the Metropolitan City for free, or a nominal fee, is classified as substantial indirect financing by the State.”
Members of the Club make payment for its upkeep
The court rejected the contention that the club is run on payments made by its members and there is no dependency on state funds.
“The fact still remains that without the land, the activities of the Club could not be run. If the valuation of the land of 7.5 acres as on today is taken into consideration, the same would run into hundreds of crores or even thousands and the contribution made by the Members of the Club as Membership Fee or any other head of account pales into insignificance,” the court said.
Dismissing the appeal, the court said, “The provisions of the RTI Act apply to the Century Club. Learned Single Judge, by considering all these aspects of the matter, more particularly, the provisions of the RTI Act and the decisions cited supra, has rightly come to the conclusion that the Century Club is considered as ‘Public Authority’ under the RTI Act.”
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