Joint Inspection of unauthorised construction in MCD under RTI Act

UNAUTHORISED CONSTRUCTION IN MCDThe commission has not allowed joint inspection of properties under MCD by using RTI Act provisions where the contention of inspection was  to expose unauthorised construction in the larger public interest and that it’s an exercise to disclose conspiracy between the Officers of MCD and constructers.

Inspection of the ‘information’ would certainly not include private ‘house property’ as it would lead to interpretation of section 2 (f) and 2 (j) in too liberal a fashion. It is only the report/document/sample generated after inspection and which is within the domain of the public authority that can be accessed under the provisions of the RTI Act. ‘Any material in any form’ may not be equated with the term ‘material in ANY FORM’ as such comparison is odious and evidently overreaches the legislative intent.

Secondly, Inspection of the properties would certainly attract Section 8 (1) (j) of the RTI Act as it would invade the privacy of the owner/occupant(s) of the said property which is a Fundamental right enshrined under Article 21 of the Constitution of India

unauthorised construction in MCD

The RTI Applicant has insisted that the Commission under Section 25 (5) of the RTI Act may direct the MCD to allow joint inspection with the MCD Officials of properties which have illegally constructed their houses. Pursuant to the Commission’s Orders dated 27 August 2013, and 30 October 2013, a full bench of the Commission had been constituted in this cases. Matter was heard on 21 November 2013. The commission noted that there are two issues involved in the present case:

  1. Whether the Central Information Commission (hereinafter “Commission”) has the ‘power to direct’ the Public Authority i.e. Municipal Corporation of Delhi (hereinafter “MCD”) to allow inspection of the Private/Third Party properties to the Appellant-in person along with technical staff/Engineers of the MCD under the RTI Act, 2005 or the DMC Act.
  2. The second issue before the Commission is (in case the Commission has the power to direct the said ‘inspection of the properties’) whether such inspection would invade the privacy of the individual owner and/or occupant of the said property and would hence attract Section 8 (1) (j) of the RTI Act, 2005.

Commission Decision:

The powers of the Commission under Section 18 of the RTI Act specifically allow the CIC to inquire into any complaint filed by the RTI Applicant. The said section further allows the CIC to initiate an enquiry into the matter, if required which includes summoning and enforcing the attendance of persons, receiving evidence on affidavit, inspection of documents, etc. However, CIC does not have any power under Section 18 of the Act to allow Joint inspection of third party property to a RTI Applicant. Section 18 further does not grant power to the CIC to disclose any information to the RTI Applicant.

Inspection’ does not have any relationship to any Public Activity or interest specially in the presence of alternate mechanism to carry out such inspection by the MCD officials as per the Provisions of the DMC Act. On the contrary, allowing such inspection of the personal property to ‘third party’ under the RTI Act may inculcate the ‘misuse’ of this privileged transparency right which will not be in the larger public interest.

Appeal No: CIC/DS/A/2012/002173,
CIC/DS/A/2012/002176 and
CIC/DS/A/2012/002184
Appellant : Shri A.D. Sharma
Public Authority : Municipal Corporation Delhi
Date of Hearing : 21.11.2013
Date of Decision : 17.12.2013

Smt. Deepak Sandhu
Chief Information Commissioner
Shri Basant Seth & Shri Rajiv Mathur
Information Commissioners

Decision of the CIC: http://rti.cc/property

Posted in RTI Act 2005, Section 18 (1), Section 19, Section 25, Section 8 (1)(j)
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