Disclosure of information regarding production and lease conditions of mine under RTI
18 Feb, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Ministry of Mines and Indian Bureau of Mines (IBM) seeking information in respect of a mining leased to a particular company in the village Sancordem. The Public Information Officer (PIO) denied the information citing section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; of the RTI Act and his order was upheld by the First Appellate Authority (FAA).
View of CIC
The Central Information Commission (CIC) observed that most of the information sought is not covered under section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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; of the RTI Act. The CIC held that the information provided by the lessee regarding the operation of the mine is a part of its statutory obligations. The information relating to the production and the violations of lease conditions cannot be said to be held in a fiduciary capacity by the Indian Bureau of Mines. The disclosure of such information is of great public interest as this would enable the ordinary citizen to exercise an oversight on the extraction of minerals and prevent the mine owner from overexploitation or wrongful exploitation of the natural resources of the state. The CIC ruled that all the desired information should be disclosed except that relating to the year wise production plan approved by the authorities which is information in the nature of commercial confidence. The Commission directed the PIO to provide the rest of the information to the appellant. Citation: Mr. Shankar Raghunath Jog v. Ministry of Mines and Indian Bureau of Mines in File No. CIC/SS/A/2012/000339SM
RTI Citation : RTIFI/2013/CIC/1055
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