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Karthik   18 March 2022

Rti query regarding site allotment.

Hello Respected legal experts,
I have applied for an RTI application regarding details of a site allotment details by Urban Development Authority ( A state government body). They are denying to provide me details as I'm the third party, stating privacy concerns.They have orally told me that they can't provide details. The Commissioner of UDA has recently ordered not to provide details to third party through RTI. Is that order legally valid?


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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 March 2022

What if RTI is not answered?

If the applicant does not receive the response for the RTI, within 30 days (or 35 days in case the application was transferred to another department or was submitted to APIO) of submitting the application, then the applicant can file for an appeal.

1 Like

Palak batra   20 March 2022

Dear Querist,

 

The law mandates that a response to an RTI must be given in less than 30 days or 48 hours if it concerns an individual’s life/liberty. If no reply is received, then there is First Appellate Authority. If the First Appellate Authority fails to provide a reply, then a second appeal is filled before the Central/State Information Commission.

 

In matters where an appellant is seeking information not regarding his or her own activities, or is asking for details of several persons other than him or her, information cannot be provided until the ‘third party’ consents to disclosure and subsequently until the Central Public Information Office (CPIO), after considering the implications of such disclosure allows it. Section 11 (1) the Act provides the procedure to access third party information wherein the appellant needs to request for the third party’s consent after which the CPIO will produce a written request to the 'third party' and within a stipulated time period obtain their response. However, it is not the information bearer (third party) who holds the key to disclosure. The power, by the RTI Act, 2005, is vested in the public information officer who will then, either see a 'larger public interest', or otherwise allow disclosure based on the merits of the case.

 

Regards,

Palak

1 Like

Karthik   20 March 2022

The third party have already given me the information ( document) unofficially regarding allotment of site. But I wanted the information officially endorsed by the officer to produce before court.. So I have applied for the RTI.  On what grounds the officials can deny? 


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