Copies of the documents on the basis of which a particular property was transferred from late Smt. P. Tarabai Naidu to certain persons and the details of the property tax were sought - CIC: Information is expressly barred from disclosure u/s 8(1)(j)
19 May, 2023Information Sought:
The appellant has sought the following information related to H No. 1157/A, Gali No. 23, Sadar, Jabalpur:
Provide copies of the documents on the basis of which the above said property has been transferred from late Smt. P. Tarabai Naidu to i) Sh. Chandra Mohan Gupta, S/o Durga Charan Gupta and ii) Kumari Ranjan Gupta, D/o Durga Charan Gupta. Also, provide a copy of the document related to the current property tax.
Grounds for filing Second Appeal:
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that no reply was given to him till date. He stated that the property in question did not belong to him but to his maternal aunt.
The CPIO stated that the RTI under reference was transferred under Section 6(3) of the RTI Act, 2005 on 13.12.2021 to the department concerned for further action. On being questioned as to the present status of reply, she stated that the appellant had not indicated the date or year for which he had sought the information, therefore, information could not be provided to him.
Observations:
Keeping in view the facts of the case and after hearing the submissions of both the parties, the Commission observed that the appellant was seeking copies of the documents on the basis of which the property i.e. H No. 1157/A was transferred from late Smt. P. Tarabai Naidu to certain persons and the details of the property tax. The Commission noted that the information sought for was third-party information. The appellant is neither the owner of the said property nor the possessor.
Since, the appellant has neither shown any public interest nor did he explain his locus with the said property, therefore, the Commission held that the desired information is expressly barred from disclosure as per Section-8(1)(j) of the RTI Act, 2005 being third party information.
Decision:
In view of the above, the Commission is not inclined to provide any relief to the appellant as the sought for information is barred from disclosure, being third party information as per the provisions of the RTI Act, 2005.
With the above observations, the second appeal stands disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Sourabh Bavaria v. O/o Chief Executive Officer, Cantonment Board, Jabalpur, File no.: - CIC/DODEF/A/2022/112795; 05/04/2023.