i had done search on my name on MTNL telephone directory.
There are more than 2500 Mr Rakesh in Delhi , who had MTNL numbers.
So , if only name is given, no one can identify the specific person.There are 
atleast 10,000 Mr rakesh in Delhi
with regards
rakesh gupta


--- On Fri, 14/11/08, M K Singhal <[EMAIL PROTECTED]> wrote:
From: M K Singhal <[EMAIL PROTECTED]>
Subject: Re: [rti_india] Re: Is addresses of allottees of sheds/plots by 
Development Authorities an exemp
To: [email protected]
Date: Friday, 14 November, 2008, 10:01 AM










    
            I feel Mr Sarabjit has given very strange logic to justify refusal 
of list of allottees with their addresses by IC, Ms Balaubramaniam. Sec 4(1)(d) 
no where says that only names of allottee and seial no of applications would be 
given. In fact, sec 4(1)(b)(xiii) clearly says that full particulars of 
recepients of concessions, permits or authorisations granted by a body shall be 
given. Sec 8 & 11 do not prohibit giving of this info at all. This info does 
not fall in the category of info dealt with in Sec 8 & 11. Besides, DSIDC had 
not published any info about the allottees at all under sec 4 on their website 
and hence I had made this reqest for info. I am with Rakesh and such attitude 
on the part of ICs certaily needs to be nipped in the bud. Thanks & best wishes,

sincerely,

mksinghal



____________ _________ _________ __

From: sroy1947 <[EMAIL PROTECTED] com>

To: [EMAIL PROTECTED] ps.com

Sent: Thursday, 13 November, 2008 8:41:29 PM

Subject: [rti_india] Re: Is addresses of allottees of sheds/plots by 
Development Authorities an exemp



Hi Rakesh (Gupta),



(Rakesh and I are RTI veterans from "Delhi RTI Act" days.

The reasons we disagree are due to our Legal dictionaries

- he prefers "Blacks" whereas I use Indian ones :-)



You are corrected that information sought by Mr Singhal ought

to be disclosed u/s 4. In my view it attracts 4(1)(d) disclosure

of only the following - 1) Name of allottee 2) Serial No.of

Application form. Nothing else personal to the succesful

allottee is liable to be disclosed. 



Once an information is published by a PA proactively u/s 4,

there is no obligation for a PIO to disclose it. Please

understand what I am saying here very carefully !!! There are

many CIC decisions on this which are substantially correct.

At best a PIO can be expected to respond to a request for

such information on a section 6 request by guiding the

applicant to the website or other section 4 disclosure -

although he is not obliged to.



Sarbajit



--- In [EMAIL PROTECTED] ps.com, RAKESH GUPTA <[EMAIL PROTECTED] > wrote:

>

> 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 shallâ€"

> b) publish within one hundred and twenty days from the enactment of

this Act,â€"

> (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

> Â 

> 

> 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 â€"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



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