D. Datta, J. - (1.) This is the second round of litigation between the same parties.
(2.) In their earlier writ petition (W.P. No. 1571 of 2008), the petitioners averred that for setting up an automobile plant at P.S. Singur, District Hooghly to manufacture a passenger vehicle (Nano) and sell it in India at a price of Rs. 1,00,000/ -, the first petitioner had entered into a Memorandum of Agreement (hereafter the MOA) with the Government of West Bengal and the West Bengal Industrial Development Corporation (hereafter the Corporation). According to the petitioners, information provided to the Government of West Bengal and the Corporation relating to manufacture of 'Nano' and as contained in the MOA, inter alia, "is of a commercially confidential nature" and such information was imparted in confidence on the understanding that it would not be made public and that any disclosure contemplated would be subject to the provisions of Sec. 11 of the Right to Information Act, 2005 (hereafter the Act). It was claimed that if such information is made public, it would affect the economic and financial viability of the small car project at Singur, and would be of immense value and a boon to the competitors of the first petitioner in the automobile sector as it contained critical information regarding the costing involved in manufacturing 'Nano'. Apprehending harm to the competitive position of the first petitioner, a request had been made to the Government and the Corporation not to disclose any part of such information to any third party without its consent. It was further claimed that the Government by its letter dated 9th March, 2007 had confirmed that subject to the laws of the land and the Government's accountability to the legislature, it would endeavour to fulfil the request. Similar confirmation was given by the Corporation by its letter of even date. Thereafter, on 15th March, 2007, an indenture of lease was executed between the Corporation (lessor) and the first petitioner (lessee) for lease of land measuring more or less 997 acres located at Singur for a period of 90 years.
(3.) Grievance of the petitioners, as voiced in the petition, was that the information which the Government and the Corporation had confirmed would not be disclosed had been directed to be disclosed by an order passed by the State Chief Information Commissioner (hereafter the Chief Commissioner) dated 8th September, 2008.;