Rti applicant pays for being a lawyer
Rupam Ghosh
(Querist) 13 October 2011
This query is : Resolved
advocate yatin shah had sought information on the slums which have surfaced since 1960 near khetwadi, santa cruz (west). the information was sought through five applications over a period of time. However the Chief Information Commissioner held that since the applicant sought it for professional/commercial use and providing information that runs into several pages can cause a heavy burden to the taxpayers’ money, xerox charges can be taken from the applicant,”
Is the authority correct under the provisions of RTI Act?
Sankaranarayanan
(Expert) 13 October 2011
WE don't know what you people asked and applied to seek information under RTI. Hopefully the corporation given the details according your application mostly.
Nadeem Qureshi
(Expert) 13 October 2011
Dear rupam Ghosh
If they demand xerox charges so they are correct under RTI, it is as per LAW
Rupam Ghosh
(Querist) 13 October 2011
Hi Nadeem, thanks for your reply. see even if it is negligible amount but provisions of the right to information (rti) act mention that an applicant cannot be charged for information if it is not provided within 30 days if there is no valid explanation given for the delay.
Rupam Ghosh
(Querist) 13 October 2011
Thanks Mr Narayanan, i have mentioned the gist of the application sought under RTI Act.
Guest
(Expert) 13 October 2011
only when the person is under poverty line the amount cannot be claimed. any how the applicant has to pay the charges for the document. There is no exception to individual or professional.
Rupam Ghosh
(Querist) 13 October 2011
Please go through this link for the full story http://epaper.dnaindia.com/epapermain.aspx?edorsup=Main&queryed=9&querypage=1&boxid=30671374&parentid=151597&eddate=10/10/2011
Isaac Gabriel
(Expert) 13 October 2011
The chief information commissioner, as per the published version,has adduced presumptions and assumptions about the purpose of seeking the information,which appears contrary to the RTI.As the second appeal is exhausted, writ petition could be filed in the High court.
Raj Kumar Makkad
(Expert) 13 October 2011
CIC is not empowered to raise any question about the use of sought information. There is no boundation for the applicant to disclose the use of information desired.
As per provision of RTI Act, if desired information has not been provided to the applicant within stipulated time of 30 days of receipt of application, free of cost information shall be provided to the applicant. CIC is not above and over the enactment. File writ petition against the file order of CIC before your High Court.
Shonee Kapoor
(Expert) 13 October 2011
File Writ Petition. This decision doesnot seem sustainable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
umapathi.s
(Expert) 14 October 2011
Dear Rupam, as suggested by experts, the only way now is to file writ petition in High court. Any citizen can ask information under RTI Act, since the applicant is also a citizen CIC can't deny information free of cost u/s 7(6) of RTI ACT as public authority didn't reply within 30 days.
Rupam Ghosh
(Querist) 14 October 2011
Thank you so much dear all experts. I am overwhelmed by your replies. Actually i also thought in similar line to this order. I am not involved in this case directly. Adv Yatin Shah was my colleague sometime during my practice in Mumbai Courts so I recd this notification from him. I also replied him like this "Rupam to yatin
show details Oct 12 (2 days ago)
ohhhh. But since you had been seeking very old papers which run into pages, who shall bear the cost for this? though the cost of the zerox shall be nominal, but if number of people makes application for the same reason, then who shall bear the cost? It is a big question and a issue worth to be considered by the authorities, hence the intervention of High Court is important here. I think you have ground for the Writ Petition. So go ahead file a PIL in the High Court. :)
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Now all the advices falling in line to this reply so now I believe I thought right. :)
Guest
(Expert) 14 October 2011
There is clear difference between the information sought in reply and copies of documents demanded in support of or beaing the information. Prescribed cost of documents based on No. of pages will have to be borne by the applicant, if to be supplied on asking.
Shailesh Kumar Shah
(Expert) 14 October 2011
Shri PS Dhingra
you are right. but here section 7(6) attracted.
