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Thread: Documents submitted by developer for building permission.

  1. Documents submitted by developer for building permission.


    I had asked for documents submitted by developer for building permission but PIO states I can get only plan and cc copies documents submitted by developer like 7/12 extract, TILR copy, 8A,search report, pherphar,gatbook,etc are third party and cannot be provided. What can I do,please advice.

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  2. Re: Documents submitted by developer for building permission.


    Go for first appeal, as they are public records, when they are submitted by third party, and that third party has not asked PIO to preserve those documents. Please remember even in those cases, PIO must necessarily invoke Sec.11 and call opinion of third party. When a party files documents, it becomes public documents and third party loses his rights on those documents.
    There are excellent formats of first appeal on such denials of third party information, prepared by our super moderator Ms.Raveena and you can copy and paste the contents.
    Please have patience and search in the portal.

  3. Re: Documents submitted by developer for building permission.


    Can I get the link for the formats sir

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  4. Re: Documents submitted by developer for building permission.



    Quote Originally Posted by G.L.N. Prasad View Post
    Go for first appeal, as they are public records, when they are submitted by third party, and that third party has not asked PIO to preserve those documents. Please remember even in those cases, PIO must necessarily invoke Sec.11 and call opinion of third party. When a party files documents, it becomes public documents and third party loses his rights on those documents.
    There are excellent formats of first appeal on such denials of third party information, prepared by our super moderator Ms.Raveena and you can copy and paste the contents.
    Please have patience and search in the portal.
    Can you please provide the Link for the formats as I was unable to find the same. Second the pio had asked the developer and was told not to provide the documents submitted by the developer.

    Sent from my LS-4505 using RTI INDIA mobile app

  5. Re: Documents submitted by developer for building permission.


    The following reply given by Super Moderator Madam Raveena is saved in my system. The Author is our Super Moderator, and I am just copying and pasting, the well preserved reply.

    Grounds: Building Plan approved by the authority is a public document. Information pertains to third party is not ground for denial of information.Third Party information has its own characteristics.
    Third party information means an information which relates to or submitted by third party and treated it as confidential by that third party. A building plan submitted before the Development or Planning authority cannot betreated as confidential by the applicant, who submitted in compliance of statutory requirement. Documents submitted for obtaining sanction in accordance with statutory requirement cannot be treated as classified documents and hence cannot be considered as confidential documents.

    In the eventuality of the PIO arriving at a conclusion that the information sought pertains to 3rd party category, then,PIO is required to serve n otice u/s 11(1) and upon representation, decide the issue on merit. Mere contention by PIO that the information pertains to thirdparty is not enough. Since the PIO has not issued any such notice to the third party concerned, there is no question of taking any such plea to deny theinformation.

    Information can be denied only if qualified for exemption under Sec-8 or 9:Evenwhen third party proceedings are followed, an information can be denied only ifit is qualified for exemption under Sec-8(1) or Sec-9, else the information must be supplied. PIO must record reasons as to how the disclosure of sanctioned building plan produced before it in accordance with the building bylaws and/or building regulations, shall cause detriment to the third party and how it attract the exemption clause in order to justify denial. In absence of such a reasoned conclusion, the denial is clearly with malafide intention to protectillegalities committed by the public authority or its officials.

    Larger Public Interestaspect needs to be adjudicated by PIO before denial:Mereobjection by third party is also no ground to deny information. When the applicant made pleadings on larger public interest, the PIO is required to rebut each such contention with reasons and arrive at a cogent contention that the disclosure of the sanctioned building plan shall not cause detriment to the third party. If no such reasoning can be recorded by the PIO,the information must be disclosed on larger public interest.

    Moreover, an information collected in compliance of statutory provisions or rules, cannot be treated as personal information to claim exemption u/s 8(1)(j). Moreover, sanction of building plans is a public activity entrusted with the Municipal authorities and hence the records pertaining to such public activity cannot qualify for exemption u/s 8(1)(j) of the Act. The Corporation does not place itself in fiduciary relationship with the applicant and therefore cannot also claim exemption under section-8(1)(e) of the Act.

    Viewed from any angle, the Building Plan submitted by a party is a mandatory document under the relevant statute and which was acted upon by the Corporation and the copy of the Sanctioned Building Plan held by the Corporation is the records of acts performed by the officials of the Corporation in discharge of their official duties hence public record and cannot be denied to an RTI Applicant. There is no justified reason for such denial. The denial of experience certificate is therefore illegal with malafide intention.

    Prayer or Relief Sought

    [1] Direct PIO to supply information as requested by Applicant in his application dated ............. ;

    [2] Direct PIO to supply the information free of cost in terms of the provisions under Section 7(6) of RTI Act, 2005, since PIO failed to supply information within 30 days from the date of submission of RTI Application;

    [3] impose penalty of Rs.25000/- on PIO for malafide denial of information and for not supplying information within time limit of 30 days.


    This requires modification to suit your case, as PIO has invoked sec.11 properly.

  6. Re: Documents submitted by developer for building permission.


    Quote Originally Posted by G.L.N. Prasad View Post
    The following reply given by Super Moderator Madam Raveena is saved in my system. The Author is our Super Moderator, and I am just copying and pasting, the well preserved reply.

    Grounds: Building Plan approved by the authority is a public document. Information pertains to third party is not ground for denial of information.Third Party information has its own characteristics.
    Third party information means an information which relates to or submitted by third party and treated it as confidential by that third party. A building plan submitted before the Development or Planning authority cannot betreated as confidential by the applicant, who submitted in compliance of statutory requirement. Documents submitted for obtaining sanction in accordance with statutory requirement cannot be treated as classified documents and hence cannot be considered as confidential documents.

    In the eventuality of the PIO arriving at a conclusion that the information sought pertains to 3rd party category, then,PIO is required to serve n otice u/s 11(1) and upon representation, decide the issue on merit. Mere contention by PIO that the information pertains to thirdparty is not enough. Since the PIO has not issued any such notice to the third party concerned, there is no question of taking any such plea to deny theinformation.

    Information can be denied only if qualified for exemption under Sec-8 or 9:Evenwhen third party proceedings are followed, an information can be denied only ifit is qualified for exemption under Sec-8(1) or Sec-9, else the information must be supplied. PIO must record reasons as to how the disclosure of sanctioned building plan produced before it in accordance with the building bylaws and/or building regulations, shall cause detriment to the third party and how it attract the exemption clause in order to justify denial. In absence of such a reasoned conclusion, the denial is clearly with malafide intention to protectillegalities committed by the public authority or its officials.

    Larger Public Interestaspect needs to be adjudicated by PIO before denial:Mereobjection by third party is also no ground to deny information. When the applicant made pleadings on larger public interest, the PIO is required to rebut each such contention with reasons and arrive at a cogent contention that the disclosure of the sanctioned building plan shall not cause detriment to the third party. If no such reasoning can be recorded by the PIO,the information must be disclosed on larger public interest.

    Moreover, an information collected in compliance of statutory provisions or rules, cannot be treated as personal information to claim exemption u/s 8(1)(j). Moreover, sanction of building plans is a public activity entrusted with the Municipal authorities and hence the records pertaining to such public activity cannot qualify for exemption u/s 8(1)(j) of the Act. The Corporation does not place itself in fiduciary relationship with the applicant and therefore cannot also claim exemption under section-8(1)(e) of the Act.

    Viewed from any angle, the Building Plan submitted by a party is a mandatory document under the relevant statute and which was acted upon by the Corporation and the copy of the Sanctioned Building Plan held by the Corporation is the records of acts performed by the officials of the Corporation in discharge of their official duties hence public record and cannot be denied to an RTI Applicant. There is no justified reason for such denial. The denial of experience certificate is therefore illegal with malafide intention.

    Prayer or Relief Sought

    [1] Direct PIO to supply information as requested by Applicant in his application dated ............. ;

    [2] Direct PIO to supply the information free of cost in terms of the provisions under Section 7(6) of RTI Act, 2005, since PIO failed to supply information within 30 days from the date of submission of RTI Application;

    [3] impose penalty of Rs.25000/- on PIO for malafide denial of information and for not supplying information within time limit of 30 days.


    This requires modification to suit your case, as PIO has invoked sec.11 properly.
    Thanks for the quick reply sir.

    Sent from my LS-4505 using RTI INDIA mobile app

  7. Re: Documents submitted by developer for building permission.


    Members,
    Please avoid "Reply with quote" and simply press " *thanks' button , as space is costly and posts should be brief and presentable. There is no necessity of replying with quote, when your issue is solved and when you need no clarification.

  8. Re: Documents submitted by developer for building permission.


    I have received in my favour order of first appeal today thanks to Prasad Sir

    Sent from my LS-4505 using RTI INDIA mobile app

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