Rti application
shyam lal
(Querist) 22 August 2019
This query is : Resolved
I had sent a RTI Application to the Development authority Dehradun in which seeking information pertaining to a residential property ,
but was denied the desired information ,,stating third party clause of the RTI act
Kindly advice what is the Legal way to get the desired information
P. Venu
(Expert) 22 August 2019
No suggestion is possible unless the complete information is posted.
Kishor Mehta
(Expert) 22 August 2019
You can submit a first appeal to the First Appellate Authority of the same office within 30 days of the receipt of the reply. Make inquiry if you have to pay any fees for the first appeal as per the State rules.
Guest
(Expert) 22 August 2019
Agree with Expert Mr.Kishor Mehta and nothing to add.
shyam lal
(Querist) 23 August 2019
Would any one explain what exactly is meant by Third party clause in respect to RTI
Sudhir Kumar, Advocate
(Expert) 23 August 2019
Would the querist be kind enough to tell what exactly was the query.
No clear view can be formed without this basic information.
Sudhir Kumar, Advocate
(Expert) 23 August 2019
Normally RTI would not apply on information on landed property and available on application. The said information is already in public domain since Mughal era much before RTI.
please state what was your query.
Dr J C Vashista
(Expert) 23 August 2019
It implies that you are not entitled for the information sought by you.
There is no point in filing any appeal, as advised by expert Mr. Kishor Mehta.
You did not post facts of the case.
It would be better to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.
M V Gupta
(Expert) 23 August 2019
Third party clause is Section 8 (f) of the RTI Act, 2005 which exempts disclosure of information which relates to personal information the disclosure of which has no relation to any public activity or interest or which would cause unwarranted invasion of privacy of the individual. As your request relates to property details of another person having no relation to any public activity or interest or would cause unwarranted invasion of privacy of the person concerned, the DDA has rightly refused to furnish the information. No use of filing appeal as suggested by some experts.
shyam lal
(Querist) 23 August 2019
Gentleman if there is no use of filing appeal-then what is next option to get the information?
Guest
(Expert) 23 August 2019
Your RTI application should sound your Public Interest while requiring the details of a third party as mentioned
Guest
(Expert) 23 August 2019
Make an fresh RTI application with the help of an Advocate Or post your application here to get it modified
shyam lal
(Querist) 23 August 2019
Gentlemen thanks for sharing your wisdom, one thing i for got to mention that the information was denied because the son on behave of his father (who is dead )has given in writing that he objects to the info to be shared,
Query is can any body object ?on behave- Since i want to buy that house hence forth the RTI application was sent to verify what kind of affidavit & indemnity bond submitted was to get the map sanctioned
P. Venu
(Expert) 23 August 2019
What exactly was the information sought?
Isaac Gabriel
(Expert) 23 August 2019
You could verify the details in the website instead of invoking the RTI.Surf with details and the patta/cutta could be ascertained.
shyam lal
(Querist) 23 August 2019
for properties within municipal limits-- Website of patta/cutta any where in India IS NOT APPLICABLE
M V Gupta
(Expert) 24 August 2019
@ Shyamlal. If u want to buy the house you may get the title to the property examined by an advocate who will take searches in the Sub registrar office etc and give u all the details including subsistence of any mortgage or charge on the property or previous agreements for sale etc. This would be fool proof step to take..
M V Gupta
(Expert) 24 August 2019
@ Shyamlal. As the information required by you pertains to an individual's private information the PIO seems to have referred the matter to him for which he seems to have objected. Even without referring to the person concerned the PIO could have refused to furnish the information under Section 8 (f) cited by me in my previous posting.
shyam lal
(Querist) 24 August 2019
@MV GUPTA Sir, thank you once again, i was not interested in verifying the title- i wanted to get hold of papers submitted for the purpose of getting the map sanctioned.,along with the application requesting sanctioning of map such as affidavit & the indemnity bond- hence forth the sub registrar does not come in the picture as i am told,lastly the objection in writing has been give by the son as the father is dead- QUERY- can another person object on behave - since the sanctioned map is in the name of the dead?
KISHAN DUTT KALASKAR
(Expert) 24 August 2019
Dear Sir,
You may going appeal to the next appellate authority against such order.
M V Gupta
(Expert) 31 August 2019
@Shyamlal: Son of the deceased being the successor in interest, he is competent to reply to the reference made by the PIO. At any rate the issue is not material.
