DNA: Mumbai: Thursday, August 16, 2018.
After
spending around Rs 3,000 crore of public money on India's first Monorail
between Chembur and Jacob Circle, the Mumbai Metropolitan Region Development
Authority (MMRDA) in a Right To Information (RTI) reply to DNA said that
allowing inspection of documents under RTI application relating to the legal
dispute (arbitration) of Monorail has no relation to public interest or public
activity, and will cause unwarranted invasion of privacy.
The documents
of arbitration are over the construction cost of Monorail for which the MMRDA
is in dispute with Larsen & Toubro (L&T) and Malaysian based Scomi
Engineering (LTSE) who have constructed the Monorail and are also involved in
the operations of Monorail that is shut since November 2017 owing to the fire
incident.
However,
Shantanu Wagh, Transport Engineer of MMRDA has quoted exemption under Section 8
(1) (J) under the RTI Act for denying to allow inspection of arbitration
documents of Monorail. Information under section 8 (1)(J) of RTI Act is denied
when, "information which relates to personal information the disclosure of
which has no relationship to any public activity or interest, or which would
cause unwarranted invasion of the privacy of the individual."
The MMRDA
denied allowing the inspection of arbitration documents of Monorail after DNA
filed the first appeal to MMRDA's earlier reply of RTI citing that considering
the process of arbitration is ongoing, it would hamper the process. DNA had
filed the first appeal citing that Central Information Commission has ruled in
the past that pending arbitration cannot be the reason for not sharing its
information.
Meanwhile,
RTI activists have slammed MMRDA for denying the inspection of Monorail
arbitration documents. Bhaskar Prabhu, Convenor of Mahiti Adhikar Manch said,
"How can allowing inspection of documents relating to arbitration of
Monorail invade privacy and not be in public interest? The Monorail as a
project is for the public, and it is of public interest. One should file a
second appeal against the reply of MMRDA."
While
Shailesh Gandhi, Former Central Information Commissioner, said, "Monorail
arbitration is not personal information but a part of the public activity, and
Section 8(1)(J) of RTI Act cannot be applied here. One should file an appeal
against this reply."
The
construction contract of Mumbai Monorail was given in 2008, and the first phase
between Chembur and Wadala was made operational in 2014 but services were
suspended in November 2017 after a fire incident. The second phase between
Wadala-Jacob Circle has not been operational yet.
The project
has been in controversy since its inception due to technical glitches and has
also come under the scanner of Comptroller Auditor and General of India (CAG)
over irregularities.
MMRDA
SLAMMED
Meanwhile,
RTI activists have slammed MMRDA for denying the inspection of Monorail
arbitration documents, saying that since monorail is of public interest,
Section 8(1)(J) of RTI Act cannot be applied.