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.
On the contrary, information about such violation of law and punitive action in such cases should be uploaded on websites and publicised by every possible medium in order to strike the fear of law in the minds of the miscreants in order to discourage such illegal practices. Hence, the Commission was of the considered opinion that the Respondent shall provide accurate and complete response to the applicant stating the exact Action Taken on his complaint, alongwith supporting documents, in response to each query of the appellant, within a week of receipt of this order.
The decision is available on our portal here: Unauthorised Construction RTI