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PIO reply - no informatio on land with court case-


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Hello,

 

A RTI was filed with a town panchayat office in tamilnadu in regards to encroachment of the land by them in the context of some community development purpose when they have no rights vested on it...The rti applicant already have a case pending against the town panchayat for this encroachment. This is in the state of tamilnadu. The RTI reply is in tamil.

 

The PIO replied with a one liner -stating that since there is a court case (stating the case no details) pending on this land, no information can be provided in regards to this land at this time and the applicant can move this to first appeal for further instruction,if needed.

 

Does having a pending legal case has any valid ground with rejecting information on the land.? under what clause? Also ,what is a better option now -

 

1. move this to first appeal..I am sure first appellate also with go hand in hand with the PIO,as in most cases.

or

2 file a RTI directly with the higher revenue authority since the court case is only against the town panchayat and not against the revenue department.

 

Information is time critical here..

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RAVEENA_O
Does having a pending legal case has any valid ground with rejecting information on the land.? under what clause? Also ,what is a better option now -

 

1. move this to first appeal..I am sure first appellate also with go hand in hand with the PIO,as in most cases.

or

2 file a RTI directly with the higher revenue authority since the court case is only against the town panchayat and not against the revenue department.

 

An information can be denied only if it is exempted under any of the clauses of Section-8 or secton-9, else the PIO is supposed to supply the information. Pendency of court case is not a ground included in above clauses. Therefore the PIO was wrong in denying the information on that ground.

 

File First Appeal before the FAA within 30 days from receipt of PIO's decision.

 

Don't file RTI Application with higher authorities, if the information in question is not held by and under the control of that higher officer.

 

Provisions of Sec-6 is that an applicant shall file application with the PIO of the concerned public authority meaning thereby that the applicant should file application with the PIO of the office which hold the information.

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Prasad GLN

'"The PIO replied with a one liner -stating that since there is a court case (stating the case no details) pending on this land, no information can be provided in regards to this land at this time and the applicant can move this to first appeal for further instruction,if needed.

 

Does having a pending legal case has any valid ground with rejecting information on the land.? under what clause? Also ,what is a better option now

 

The point here is whether Court has barred providing information in the case matter specifically. If not you can safely make a first appeal.

My advice is to file (also) a fresh RTI Application seeking information seeking copy of such Court Order barring of providing information specifically in the case.

(As applicant was denied information stating that clause by PIO to this applicant's RTI application dt...)

This definitely gives a jolt to PIO.

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Thanks Raveena - for confirming that.

 

Thanks Prasad- will definitely file a fresh RTI..in fact, I will also add this point in the first appeal process asking for the court order barring such information.

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Raveena- quick clarification -

Isnt the responsibility of the higher authority to forward the RTI to the concerned PIO when the information is not available with their office ..I see one positive thing with filing the RTI directly with the higher authority - as it adds some weightage to the RTI when it gets forward to the PIO from their higher authority - leaving apart the few delays that the forwarding might cause.

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