Information on sanctioned building plan & norms followed for the same by municipal corporation was denied u/s 8(1)(j) & 9 - CIC: architect has a copyright in the Building Plans prepared by him; provide the plans by omitting the internal room arrangements
22 Apr, 2014Information on sanctioned building plan & norms followed for the same by municipal corporation was denied u/s 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. & 9 - CIC: architect has a copyright in the Building Plans prepared by him; disclosing the internal room arrangement of a citizen's house to a third party may be an intrusion of the citizen's privacy - CIC: provide the (horizontal) Plans submitted to the Department to the appellant by omitting the internal room arrangements in the Plan
Information sought:
The appellant had sought information on sanctioned building plan and norms followed for the same by SDMC.
Relevant facts emerging during hearing:
Both the parties are present.
On request by parties, another case between the same parties listed for 03.04.2014 vide F.No. CIC/DS/A/2013/000036 –YA is being heard today.
The appellant had filed 3 RTI applications bearing the same date, on sanctioned building plan and norms followed for the same by SDMC, regarding several properties. The appellant filed first appeal on 15.09.2012 as none of the applications were replied to within prescribed time. The respondents stated that a reply was sent on 09.08.2012; however, it did not reach the appellant. In pursuance of the First Appellate Authority’s order dated 19.10.2012, another letter was sent to the appellant on 02.11.2012 reiterating the reply of the CPIO. The respondent stated that the concerned property has not made any encroachment on public land. The respondent stated that the sanctioned building plan is third party information covered under intellectual property rights. To see the building plan, however, the appellant can be requested to attend the office and inspect the papers but copies cannot be provided. The appellant stated that he wanted to know the norms being followed for sanctioning the building plans, i.e. whether on the basis of these norms laid out during 1956-58 or under the latest master plan i.e. MPD, 2021. The appellant was most concerned about the density norms not being followed and building plans being sanctioned indiscriminatorily.
Decision:
The Commission has perused the documents on file and considered the submissions made by the parties. The respondent also contends that the Building Plan is the copyright of the owner/architect. The Commission is aware that sanctioned Building Plans are required to be displayed outside buildings during construction period in the MCD and NDMC jurisdiction. The main issue before the Commission, therefore, is whether the disclosure of the Building Plans submitted to MCD are exempt from disclosure under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. and Section 9 of the RTI Act. These Sections provide-
8. (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, -- (j) 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
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.
The Commission is of the opinion that there is some merit in the contention raised by the respondent. The architect has a copyright in the Building Plans prepared by him as per the provisions of the Copyright Act, 1957. Therefore, disclosing the entire Building Plan would be an infringement of the copyright of the architect as the right to communicate an artistic work to the public lies only with the Architect. Hence, the protection of Section 9 could be legitimately sought. The earlier order of CIC vide CIC/SG/A/2010/000295 has also dealt with this issue. With regard the application of Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. , disclosing the internal room arrangement of a citizen's house to a third party may be an intrusion of the citizen's privacy. The sanction plan(s) of the property sought by the Appellant is personal information of a Third Party. Further, such sanction plan(s) are required to be provided to the public authority in accordance with law and therefore, it comes within the ambit of information provided to the public authority in the course of a public activity. However, disclosing the complete internal arrangement of the Third Party's house by the public authority to the Appellant may be an unwarranted invasion of the Third Party's privacy. Therefore, the Commission finds some merit in the contentions of the Third Party and holds that disclosure of the building sanction plan(s) may be exempt under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. of the RTI Act. The matter regarding invoking section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, 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. with respect to building plans has been dealt with by CIC in CIC/SG/A/2010/002273. Under Section 10 of the RTI Act, it is possible to severe certain portions of the information before disclosing it to a RTI Applicant to ensure that information that is exempt from disclosure under the RTI Act is not disclosed. The Commission has, therefore, decided to apply Section 10 of the RTI Act to the Building Plans submitted for regularization which have been approved for properties as mentioned in the RTI applications filed by the appellant. The Commission directs the respondent authority to provide the (horizontal) Plans submitted to the Department to the appellant by omitting the internal room arrangements in the Plan. The external walls with openings and projections may be shown in the information provided to the Applicant. The appeal is disposed of accordingly.
(Yashovardhan Azad)
Information Commissioner
Citation: Shri Vipin Kumar v. South Delhi Municipal Corporation in F.No. CIC/DS/A/2013/000004-YA F.No. CIC/DS/A/2013/000005-YAF.No. CIC/DS/A/2013/000036-YA]