Copy of plan of a mall submitted by the builder, plan approved by DDA & file notings were denied on account of being third party information - Appellant: it pertains to a shopping complex which was for the public use - CIC: provide inspection of the files
1. The appellant filed an application dated 21.12.2011 under the RTI Act, seeking copy of plan of a mall submitted by the builder, copy of plan approved by DDA, copy of file notings, etc. Respondent transferred the application to the concerned department on 29.12.2011. Appellant filed first appeal before the first appellate authority (FAA) on 02.02.2012. Copy of FAA’s order is not enclosed. Appellant filed this present second appeal on 21.11.2012.
2. Appellant’s representative referred to the RTI application of the appellant and stated that the appellant was seeking copy of plan for a shopping mall submitted by the builder, copy of plan approved by DDA, copy of file notings, etc.
3. Appellant’s representative stated that the appellant bought a shop in the mall from the builder in question. Appellant’s representative stated that the appellant wanted to know whether the shop was as per the sanctioned plan approved by the DDA.
4. Appellant’s representative stated that in this light the appellant sought the information in the RTI application asking for a copy of the sanctioned plan and also the file notings, however the respondent did not provide him the information.
5. Respondent stated that the information sought by the appellant was third party information, accordingly they had initiated action under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the Act. Respondent stated that the builder in question asked the DDA not to disclose any information to the appellant.
6. Appellant’s representative stated that the information sought by the appellant could not be third party information because the appellant was asking for a copy of the plan which includes the shop of the appellant.
7. Appellant’s representative stated that the plan in question was pertaining to a shopping complex which was for the public use, therefore it could not be a third party information.
8. Respondent is directed to enable the appellant, within 30 days of this order, to inspect the relevant files as per the RTI application and provide photocopies. The appeal is disposed of. Copy of decision be given free of cost to the parties.
Citation: Shri Ashis Harjai v. Delhi Development Authority in Decision No. CIC/VS/A/2013/000197/05509