New File Added: SIC cannot order demolition but only disclosure

[rtiindia]

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SIC cannot order demolition but only disclosure

SIC cannot order demolition but only order disclosure of information

Gokalbhai Patel (Petitioner) asked Gujarat High Court to overturn the order of SIC. Applicant had asked for information about alleged illegal encroachment on property. The applicant did not get satisfactory answer from PIO. He appealed to AA. The AA said that the officers were too busy with the upcoming election and they had no time for this matter! The applicant appealed to SIC. The SIC, without any hearing, directed the Petitioner to remove the encroachments!The court noted that the Petitioner was a third party. As such this third party was not given any opportunity to present its case either in front of PIO, or AA or SIC!Moreover, RTI gives no power to SIC to order correction of any allegedly illegal activity. The SIC can only order release or non-release of information. Whether the activity is illegal or not, is for civil or criminal courts to decide.The court quashed the order of SIC, as it was totally incompatible with principles of natural justice. (Synopsis provided by our member Satish Gupta)