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Section 11 of Right to Information Act

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Respected Members

I have filed an RTI for seeking information of group of people who are beneficiary of a government scheme under which they were allotted land for their business on discounted rate. But the local department refused to provide me information saying that required information is of third party and they can not provide it to me without their consent.

Now my question is that I have not asked for information of any individual rather I have asked for information of group of people who were beneficiary of the scheme? Please suggest me what to do in this case and also if anybody have any references of past decisions in this context.

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Prasad GLN

Go for First Appeal stating that Sec.11 is not meant for denial of information, and only states the procedure to be followed when third party information is required which is not barred under sec.8 & 9 of RTI Act.  The denials of information can only be under Sec.8 or Sec.9.  There is no third party information involved as the funds are being spent by Government to eligible beneficiaries that has to be qualified under welfare scheme, and the information is certainly in larger public interest that shows transparency and accountability in usage of such public funds, hence there is no exemption under RTI Act.

The information must be provided to you without an iota of doubt as the welfare schemes are linked to deserving members only and on public expenditure on welfare measures.

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Sunil Ahya

File a first appeal with the concerned First Appellate Authority.

Prepare your grounds of first appeal on the basis of CIC Decision in K Venkata Ro vs Central Govt. Employees Welfare ... on 17 November, 2017.

I have reproduced relevant extract from para 11 of the above cited decision for your immediate reference:

Quote

11. Denying information about public welfare schemes of the government on the ground of privacy of some other person is sheer abuse of right to privacy by the Government and deliberate violation of Right to Information, which was guaranteed under a specific statute with a specific exception i.e., S 8(1)(j). This kind of mischief by the PIOs will facilitate the irregularities and corruption. In this case, the appellant contended that information was not given only to suppress the irregularities. Commission finds reason in this contention.

The decision is attached herewith this post, you can annex it to your first appeal.

Information on Welfare Schemes.PDF

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