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This is a discussion on Information does not fall under Purview of RTI within the Ask for RTI Query forums, part of the RTI Community Support category; I had made an application to Municipal Corporation asking for is it permissible to Reside in the Commercial / Shop establishment ?. The municipal corporation replied that this does not ...
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I had made an application to Municipal Corporation asking for is it permissible to Reside in the Commercial / Shop establishment ?. The municipal corporation replied that this does not fall under Purview of RTI. And I can refer D.C Manual which is available at the Government Press. Of all my application to Municipal Corporation I have received the same reply that information does not fall under purview of RTI Act. Municipal Corporation says that the information is just copies emails fax and not a reply to any query. I am filing an appeal I want your help in this case. Any CIC’s decision pls give link to it. |
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#2
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Technically Municipal Corporation or any PA, does not have to answer any queries, but must provide copies of documents, and allow inspection of documents, etc. Moreover if the information is already available on internet or in book form, then PA has a good reason to refer to that information. I am assuming that the Manual being referred to was produced by the same Municipal Corporation. To get the information, you can ask Municipal Corporation to provide you with copies of the rules and regulations pertaining to residence in Commercial establishments. Again if they are already available in book form, then MC would ask you to buy a copy at the book store. |
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Is It permissible to Reside in the Commercial / Shop establishment ?....This is your question Your question needs no specific RTI Application for asking this question. But in case you need some official documents in support for filing or substantiating some case or legal issue than , you may seek the RTI route, wherein you better ask in specific , mention the locality , the shop complex etc. Ask the MC about the details of allotment and the rules of allotments, ask him who and how was he alloted. They will have to give you information about the above queries under RTI. For general query, Refer to general manual , and if you can not get a reference there, find some High Court and Supreme Court AIR , they have specific answers to all of such clauses. Various courts have categorically spoken and concluded such matters , where you would find you answer from an legal angle too |
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