Jump to content
  • 0

RTI declined quoting third party information and other issues from NOIDA Authority


amitexpert

Question

amitexpert

Hello,

 

 

We filed our first RTI to NOIDA Authority seeking information regarding one of the housing project. We were seeking copies of layout plans approved by authority for a private builder.

 

 

Now authority replied after 30 days (Aug 8th, 2013) stating that this is third party information and a letter is being sent to third party for appeal/NOC. Additionally authority did not reply to 3 of RTI applications out of 6 that we had filed. We are o the edge of unearthing a major scam in Noida and we know they are deliberately trying not to provide us information.

 

 

Attached is the RTI reply in image :

 

 

My question to all experts here are:

 

 

1) Do you think layout plans approved by authority for a private builder is third party information?

2) How much time can they really take replying to our application?

3) As NOIDA has not replied to 3 of our applications, what should be our action plan?

 

 

 

 

Please suggest if this query should have been posted in another thread as i am a novice here and in RTI world too.

 

 

 

 

rti.png

Link to post
Share on other sites

17 answers to this question

Recommended Posts

  • 0

The expression 'third party information' has not been defined in the Act. However, a reading of Sec 11 makes it clear that an information to fall under this category, should fulfill the following conditions:

  • it should relate to a third party
  • OR it should have been supplied by the third party and
  • it should be treated as confidential by that third party.

Seeing against this criteria the lay out plan supplied by a third party can be considered as third party information.

Even if it was not specifically treated as 'confidential' by the third party at the time of furnishing it to the PA, it can now say so. There is a Gujarat High Court decision on this aspect.

Therefore you have to wait until this process is over and be ready to file an appeal in case you dont get the info.

Link to post
Share on other sites
  • 0
amitexpert

Thanks you for the information !

 

Firstly, I am party to it as i have purchased an apartment in the said plot and logically i have a share in the land.

Secondly, This is public property (sold to developer) and authority being a govt body was responsible for approving plans, now i asked authority to give me the copies that it hold and not seek it from builder.

 

I may sound novice but does anyone else has similar experiences ?

 

 

The expression 'third party information' has not been defined in the Act. However, a reading of Sec 11 makes it clear that an information to fall under this category, should fulfill the following conditions:

  • it should relate to a third party
  • OR it should have been supplied by the third party and
  • it should be treated as confidential by that third party.

Seeing against this criteria the lay out plan supplied by a third party can be considered as third party information.

Even if it was not specifically treated as 'confidential' by the third party at the time of furnishing it to the PA, it can now say so. There is a Gujarat High Court decision on this aspect.

Therefore you have to wait until this process is over and be ready to file an appeal in case you dont get the info.

Link to post
Share on other sites
  • 0
Prasad GLN

Mr.Amitexpert,

Approved lay outs are meant for Public Notice and as a caution to purchasers. I agree with you, and you may file appeals accordingly and there are enough blogs on Third party information that can suitably guide you to load your appeals with better ammunition with CIC decisions.

All applicants that applied for approval copy known to me have received the same from Corporation.

There are two different approvals, one for land by Development authority and second for construction. There should not be any objection for giving first item and it should be voluntary, most often even the builders publish map giving number etc.,, and even DA publishes information, and displays map in their offices for visiting public. The second may pose some new problems after terrorist activity on Taj as it was rumoured that the building lay out plan was secured by them through RTI and thus exposing to security risk.

Link to post
Share on other sites
  • 0
  • Moderators
Link to post
Share on other sites
  • 0

Hello Seniors,

 

I had filed first appeal stating the information provided is incomplete and Layout plans should not be treated as Third party information as I am party to it.

 

I received a call from authority that mu hearing has been fixed but did not receive any intimation for the same via letter.

 

I have few question, Please guide me how should I handle this first appeal:

 

1) what should be do and don't/

2) Who are these people who hear first appeal, are they judiciary or just the senior officers of authority.

3) Can i take some of my friends along ?

 

Apart from this, I have been unable to locate any such CIC decision against private developer to load my ammo for appeal. However DTCP (another authority in gurgoan) happily provides this information.

 

Please help as this hearing is on Monday.

 

 

Just check out some CIC orders on disclosure of layout plans....

 

layout plans - Google Search

Link to post
Share on other sites
  • 0
  • Super Moderator

1. Please read:

http://www.rtiindia.org/forum/86620-rti-help-how-prepare-hearing-first-appeal.html

http://www.rtiindia.org/forum/1046-i-have-been-called-hearing-what-do.html

 

2. They are just senior officers to the PIO in the same office or maybe the higher office.

 

3. Yes, you can take someone to assist you during the hearing or even send a representative with a authorisation letter.

Link to post
Share on other sites
  • 0

First Appeal has been rejected on the grounds of objection filed by builder saying this is proprietary information.

 

FAO did not even listen to our plea properly and kept saying it is third party information and third pary has rejected it and I will not give you the information.

 

 

 

1. Please read:

http://www.rtiindia.org/forum/86620-rti-help-how-prepare-hearing-first-appeal.html

http://www.rtiindia.org/forum/1046-i-have-been-called-hearing-what-do.html

 

2. They are just senior officers to the PIO in the same office or maybe the higher office.

 

3. Yes, you can take someone to assist you during the hearing or even send a representative with a authorisation letter.

Link to post
Share on other sites
  • 0
  • Moderators

This was to happen since in 95% of cases, FAA concurs with PIO, since PIO would have taken unofficial consent of FAA before sending reply to you. Please move second appeal to SIC.

Link to post
Share on other sites
  • 0

Friends,

 

On the day of hearing first appeal, I was shown a letter by PIO that contained objection from 3rd party.

 

However, I have mot received same via post from PIO as he promised to send next day only.

 

Also, I have not received any resolution letter from FAA to my appeal. Should I wait for some more time. What i sthe standard procedure here. FAA should be sending me the resolution/reject letter?

 

 

This was to happen since in 95% of cases, FAA concurs with PIO, since PIO would have taken unofficial consent of FAA before sending reply to you. Please move second appeal to SIC.

 

- - - Updated - - -

 

Friends,

 

On the day of hearing first appeal, I was shown a letter by PIO that contained objection from 3rd party.

 

However, I have mot received same via post from PIO as he promised to send next day only.

 

Also, I have not received any resolution letter from FAA to my appeal. Should I wait for some more time. What i sthe standard procedure here. FAA should be sending me the resolution/reject letter?

 

 

This was to happen since in 95% of cases, FAA concurs with PIO, since PIO would have taken unofficial consent of FAA before sending reply to you. Please move second appeal to SIC.
Link to post
Share on other sites
  • 0
harinder dhingra

Mr Amit Expert,

 

Please file second appeal under Section 19(3) of RTI Act 2005 before Hon'ble SIC/CIC as the case may be. Please follow Mr Karira's post and quote these decisions. I have done in the case of Sector-29 HUDA Market Gurgaon (total 14 numbers SCO/s & restaurants)and Hon'ble SIC Haryana was pleased to allow these layout plans AND a result of these plans, we were able to get pavement and rear area which was equal to areas allotted to these posh SCO/s and Restaurants vacated. Now the market is seen to be believed.

 

harinder dhingra

Link to post
Share on other sites
  • 0
  • Super Moderator

Wait for a week for the FAAs written order. If you do not get it then:

 

1. Send a written letter (by speed post) or submit yourself and get stamp on the copy and remind FAA that as per Sec 19(6) of the RTI Act, he has to take a decision on your first appeal within 30 days of the date of first appeal.

 

Wait for another 2 weeks, then go ahead and file second appeal.

 

2. Another letter to the PIO reminding him about his promise to send you copy of the third party objections. Wait for 2 weeks, if there is no action then file a simple RTI application and ask for it.

 

============

 

I am suggesting this since in UP, the State Information Commission is defunct and there is a pendency of nearly 50,000 second appeals. The Government has invited applications for post of IC and last date is 18 Oct 2013. Most likely the SIC will only start functioning sometime in March 2014. There will be a long waiting queue. So better to put pressure at PIO and FAA level only.

Link to post
Share on other sites
  • 0

Hi karira,

 

Thanks a lot for helping hand.

 

I have received 3 replies with exactly same copy from APIO but no reply from FAA. I did get copy of objection raised by 3rd party with all letters.

 

I will send a reminder and RTI for asking the reply by FAA on my RTI.

 

Thanks for guiding me, finally I feel proud of using RTI.

 

 

 

Wait for a week for the FAAs written order. If you do not get it then:

 

1. Send a written letter (by speed post) or submit yourself and get stamp on the copy and remind FAA that as per Sec 19(6) of the RTI Act, he has to take a decision on your first appeal within 30 days of the date of first appeal.

 

Wait for another 2 weeks, then go ahead and file second appeal.

 

2. Another letter to the PIO reminding him about his promise to send you copy of the third party objections. Wait for 2 weeks, if there is no action then file a simple RTI application and ask for it.

 

============

 

I am suggesting this since in UP, the State Information Commission is defunct and there is a pendency of nearly 50,000 second appeals. The Government has invited applications for post of IC and last date is 18 Oct 2013. Most likely the SIC will only start functioning sometime in March 2014. There will be a long waiting queue. So better to put pressure at PIO and FAA level only.

Link to post
Share on other sites
  • 0

So did you finally get the required information Amit ? I am also planning a RTI against a builder in Noida to determine the CC status. I guess we are in discussion in iref over the same

 

 

Sent from my iPhone using Tapatalk

Link to post
Share on other sites
  • 0
Prasad GLN

Mr.Mastiitem,

Do not expect visits of all members and response, as Mr.Amit has visited the portal one year back like several thousands of members , and still the forum has not heard his response.

Please make your own attempts and find out the information yourself.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    • Ashish kodle
    • Sunil Ahya
  • Forum Statistics

    • Total Topics
      119,698
    • Total Posts
      427,924
  • Recently Browsing

    No registered users viewing this page.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy