Rti act 2005
B@75BHAIBABU
(Querist) 14 April 2013
This query is : Resolved
i have asked municipality to provide information regarding a false plan of a housewhich has been passed by them .sir a civil suit is pending on that property.municipality is saying that they will not provide any information under rti act as civil suit is pending in court.sir i want to know is there any rule in rti act 2005 where it is said that if case is pending in court then they are not bound to give information as per rti act
Advocate M.Bhadra
(Expert) 14 April 2013
There are some restriction to give information.
RIGHT TO INFORMATION ACT 2005
Section 8 :-
1. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
a. information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
b. information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
c. information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
d. information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
e. information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
f. information received in confidence from foreign Government;
g. information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; (h) information which would impede the process of investigation or apprehension or prosecution of offenders;
h. cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
i. 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 unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
2. Notwithstanding anything in the Official Secrets Act, 1923 nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.
3. Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.
Section 9 :- Without prejudice to the provisions of section 8, a Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State.
prabhakar singh
(Expert) 14 April 2013
Considering your facts i do not find why should you be denied an information if a particular construction plan has been passed or not.
There is no restraint order against municipal board by the court.
And any planned passed by M.B. is a public document whose copy must be issued.
There is only one thing that if a particular construction plan has been sought to be passed on a land with respect to which any title suit is pending in civil court,of which M.B.is well informed,M.B. should not pass that plan.
R.K Nanda
(Expert) 14 April 2013
no more to add.
Devajyoti Barman
(Expert) 14 April 2013
There is no such rule whereby the authority refuses to give information if the case is pending in court.
Prefer appeal.
B@75BHAIBABU
(Querist) 14 April 2013
thanks to all of you sir
Raj Kumar Makkad
(Expert) 14 April 2013
You should file an appeal against the illegal order passed by municipal authorities denying you your legislative right to obtain the desired information. The ground of denial is not tenable before law.
