Land tax

Querist : Anonymous (Querist) 03 September 2020 This query is : Resolved
Respected experts is it possible to know through RTI how much Tax the neighbor has paid for the property each year.?
Reason to know: we both have the same sqft of land but the neighbor pays less tax than me because of his connections with the department.

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Quick Summary

This discussion explores whether you can use the Right to Information (RTI) Act to discover how much land tax your neighbour pays annually. While direct access to a neighbour's specific tax details is generally restricted due to privacy concerns under Section 8(1)(j) of the RTI Act, the conversation highlights that land revenue records are often publicly accessible for inspection or copying upon payment of a fee. If the exact revenue paid isn't in these public records, an RTI request might be considered, especially if you suspect unequal treatment and believe the information is held by a public authority.

Rajendra K Goyal (Expert) 03 September 2020
Section 8 (1) (j) RTI Act:

(j) information which relates to personal information the disclosure of which has not relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information, which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

No disclosure of third-party confidential information (Section 8(1)(j) of the RTI Act)

In the case of A.P. Singh vs. Punjab National Bank (Appeal No. 12/IC(A)/2006, dated 14.3.2006) the appellant had sought information regarding the bank account of another person with whom the applicant had no professional or business relationship. This information was refused to the applicant by the public authority.

The CIC held that a bank is under duty to maintain the secrecy of accounts of its customers, who are also third party. The CIC further held in this case that since the applicant had not established any bona fide public interest in having access to the information sought nor did he have any association or business relationship with the company (bank), his appeal can not be accepted in terms of the law as provided in Section 8 (1)(j) of the RTIAct.

Sudhir Kumar, Advocate (Expert) 04 September 2020
this is neither personal information nor confidential nor you are approaching bank. You want an information about inflow of into public exchequer.

RTI route is not available to secure an information already in public domain.

The land revenue records are available for public inspection on payment of prescribed fee and copies can be obtained. This system operate from Mughal era when none could even think of any right. RTI request for such information is rejected.

Now you want to know exact revenue paid. In case this information is not available in the aforesaid revenue records then RTI can be used.

P. Venu (Expert) 04 September 2020
The issue is not worth pursuing!

Dr J C Vashista (Expert) 04 September 2020
Being a third party you can not get requisite information on application u/s 6 of the RTI Act, 2005 as the same is barred u/s 8 of the same Act.

Rajendra K Goyal (Expert) 05 September 2020
Information can not be provided u/s 8 of RTI Act.

Sudhir Kumar, Advocate (Expert) 05 September 2020
I again apologies fro disagreement.

It is not a third party information at all.

However, the revenue records are available for public inspection since the rule of Akbar doe the last 500 years.

So this is not an information "held" by public authority. SO RTI Act does snot apply on the information which can be inspected by any public man and the RTI re3quest can be successfully rejected on this count.

However this person wants to know the details of revenue being paid by other person. This information relates to public money flowing into govt exchequer. It is not clear whether this information is already made public or "held" by public authority. In case the information is "held" then it can be sought under RTI Act.

Issue is worth pursuing as it appears from given facts that the person wants equal treatment under equal circumstances.

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