REPY IS NO DUE TO FOLLOWIONG REASN. Ground 1-Objection raised to deny is wrong because, these are section 4 of the RTI Act, information , which can not covered under Section 8(1)(j) /11 of the RTI Act, 2005. as follows. .Right to information and obligations of public authorities 4. (1) Every public authority shall— b) publish within one hundred and twenty days from the enactment of this Act,— (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; In the light of above , I had following submission in this regards
Information seek are covered under Section 4(1)(b)(iii) of the Right to Information Act, 2005 and should be provided by the public authority on their own. Section 4(1)(b)( (xii) of the Right to Information Act, 2005 the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; Section 4(1)(b) (xiii) of the Right to Information Act, 2005 particulars of recipients of concessions, permits or authorisations granted by it; It prove , public authority had failed in his duty as per Section 4(1)(a) the Right to Information Act, 2005-to maintain all its records duly catalogued and index This is the duty of Public Authority since 2002 due to freedom of Information Act, 2002. It shows for the last 5 years public authority failed in his function , which should be complete in six month. Ground –2 All the information sought is given in the sale deed/ lease deed / such deed on which land / plot/ flat are given to private party, which is to be registered with the Registrar. All the documents registered with the Registrar are Public documents and any one takes copy of the same. Therefore, these information, which are already public or became public in due course of action cannot be said covered under Section 8(1)(j) /11. Ground Number 3. Similar information is published by DDA and Urban Development Ministry in their websites as per obligation of Section 4 on the Public Authority. Ground -4 q The information contain in this file is commercial information, and nothing is personal in the file . Exemption 8(1)(j) claimed is wrong. q This kind of commercial information is not covered under exemption 8(1)clause 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;) because disclosure of this information has not would harm the competitive position of a third party WITH REGARDS RAKESH GUPTA --- On Thu, 13/11/08, M K Singhal <[EMAIL PROTECTED]> wrote: From: M K Singhal <[EMAIL PROTECTED]> Subject: [rti_india] Is addresses of allottees of sheds/plots by Development Authorities an exempt information? To: [email protected] Date: Thursday, 13 November, 2008, 9:59 AM This is just to share my experience of a hearing attended by me in the office of Ms Padma Balaubramaniam, Information Commissioner, New Delhi on Nov 12, 08. I had requested CPIO, Delhi State Industrial Devlopment Corporation (DSIDC), Patparganj, Delhi, vide my application dated 07.01.08, to supply me a list of allottees of the multistoreyed flatted factory complex built by them under relocation scheme in Jhilmil, East Delhi. The list was to include names, addresses and telephone nos of allottees. The CPIO however refused to supply the list with the addresses of allottees since, according to him, addresses could not be supplied under exemption clause no 8(1)(j) and clause 11 of h act. I thereafter preferred 1st appeal stating that the addresses were part of the identity of the allottees and could not be denied under the said exmption clauses. The 1st Appelat Authority however ruled that the addresses could not be disclosed under the exemption clause as the addresses were directly related to the privacy of the units, they had no relationship with any public interest and they could be misused to cause unwarranted invasion of the privacy of the allottees. Not satisfied, I filed 2nd appeal with CIC, Delhi and my 2nd appeal was heard by Ms Padma Balasubramanium, Information Commissioner in her office on 12.11.08. Instead of considering my plea that addresses were an intrinsic part of the identity of allottees, she enquired why did I require the list of allottees with addresses and what public interest it would serve. I told her that I was not a public leader and was not concerned if they would be of any public interest. I needed this list for my personal information. She then asked me why was I interested in this information. I told her that as per RTIA, I was not required to give reasons while asking for this information. In fact, this information should already have been given on DSIDC website for everybody’s information. She then asked me if I could similiarly ask for her residential address too. I told her that since she was a govt employee, I could certainly ask for it too. She said she was not convinced. She agreed with CPIO, DSIDC that the list should not contain the addresses of the allottees in view of the exemption clauses. I would like to know the comments of the members if such an interpretation by IC, Delhi in regard to addresses of allottees is correct and if there were any such precedants of this nature in the past. It would be interesting to recollect that voter lists, telephone directory etc give names as well as addresses and the present stress of Govts to publish land records would be meaningless if the names with addresses of the land owners are not given. All Development Authorities eg GDA, DDA, Noida etc hould be required to give the names and addresses of their allottees on their websites as part of Sec 4 suo moto declaration. [EMAIL PROTECTED] co.in Add more friends to your messenger and enjoy! Go to http://messenger. yahoo.com/ invite/ [Non-text portions of this message have been removed] Add more friends to your messenger and enjoy! Go to http://messenger.yahoo.com/invite/ [Non-text portions of this message have been removed]
