The Tribune: Ludhiana: Monday, May
08, 2017.
In a landmark
judgment, the Central Information Commission (CIC) has ruled against denial of
information about illegal buildings by the urban local bodies and area
development authorities under the Right to Information Act taking the cover of
Section 8(1)(e) and (i).
Disposing of
an appeal filed by Deepak Sharma, Information Commissioner Yashovardhan Azad
has observed in his orders (pronounced on April 24, 2017) that he agreed with
the appellant about his right to seek information considering that no legal
provision debars disclosure of information pertaining to an unauthorised
construction, particularly one which is directly affecting the appellant.
The CIC
further remarks: “The appellant being a stakeholder in the (housing) society
and affected by the unauthorised construction and illegal usage of the flat for
running an industrial/commercial unit is directly and adversely impacted by
such act of the owner of the premises. The provisions as cited by the
respondent are not applicable since the information sought is neither personal
in nature nor is information about unauthorised construction held in fiduciary
capacity by the respondent. On the contrary, information about such violation
of the law and punitive action in such cases should be uploaded on web sites
and publicised by every possible medium in order to strike the fear of law in
the minds of miscreants in order to discourage such illegal practices.”
The appellant
(Deepak Sharma) had filed an appeal with the CIC against the decision of the
East Delhi Municipal Corporation where information was sought under the RTI Act
about unauthorised construction of flats and their illegal usage in Amrapali
Cooperative Group Housing Society in Indraprasth Extension. The East Delhi MC
had cited provisions of Section 8 of the RTI Act which deals with invoking of
privacy of the third party.
Hailing the orders
of the CIC, Rohit Sabharwal and Arvind Sharma, president and secretary,
respectively, of the Council of RTI Activists, said the orders would set a
precedent and curb to a great extent common practice among urban local bodies
and area development authorities to deny information about illegal
constructions or their unauthorised use citing provisions of Section 8 of the
RTI Act.
There have
been numerous instances when Section 8 of the Act has been abused/misused by
officials of urban local bodies to hide their own misdeeds or lapses or else to
benefit the builders’ mafia, they added.
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