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No legal provision debars disclosure of information pertaining to an unauthorised construction

Central Information Commission agreed to the RTI applicants right to seek information in the case considering that no legal provision debars disclosure of information pertaining to an unauthorised construction, particularly one which is directly affecting the RTI Applicant.

The Commission stated that as the applicant is a stakeholder in the Society and affected by the unauthorised construction and illegal usage of the flat for running an industrial unit, therefore, is directly adversely impacted by such act of the owner of the premises. The East Delhi Municipal Corporation denied information invoking Section 8(1)(e) and (j) of the RTI Act, 2005. The commission stated that these provisions are not applicable since the information sought is neither personal in nature nor is information about unauthorised construction held in fiduciary capacity by the East Delhi Municipal Corporation. Read more ›




Unauthorized construction and encroachment does not require clearance from any third party

Unauthorized construction and encroachmentWhile hearing the 2nd appeal, Central Information Commission decided that disclosure of information in relation to unauthorized construction and encroachment does not require clearance from any third party. The commission retreated that in a number of decisions, the CIC has held that when appellant seeks the sanctioned building plan of any third party, public authority should provide the (horizontal) sanction plan(s) of the properties of the Third Party by omitting the internal room arrangements in the plan(s). The external walls with openings and projections should be shown along with the Area Statement for all the floors which has been approved/ regularised. If you want to file RTI online, do read our guide here on how to file RTI Online.

Earlier NDMC has denied information by invoking section 8 (1) (j) of the RTI Act on the ground that the sanctioned building plan and other information sought in the RTI application is personal, while the Appellant stated that due to the unauthorised construction, extensive damage was caused to his house. Read more ›




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