Copy of lease agreement between MTNL and the lessor was denied u/s 8(1)(j) - the appellant was the owner of the building a portion of which was rented to a company who in turn had leased it to MTNL - municipal taxes recoverable - CIC: provide information
10 Dec, 2013Copy of lease agreement executed between the MTNL and the lessor was denied u/s 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no 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. - the appellant was the owner of the building and had given a portion of the premises on tenancy to a company who in turn had given the same on lease to the MTNL - he argued that BMC has intimated that the municipal taxes are recoverable from the owner and he wanted to know the name of the party who is liable to pay the municipal taxes as per the lease agreement - CIC: provide the information
ORDER
Information sought:
Agreement or document entered into between Abdul Husain Mulla Mohamedali P. Ltd. and MTNL under an agreement of leave and licence or under any document which MTNL possess for the period from 1988-2009 to know the amount of monthly compensation/licence fees being agreed to be paid by MTNL to Abdul Husain Mulla Mohamedali P. Ltd. for the period from 1988-2009.
Grounds for the Second Appeal:
The information was wrongly refused under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no 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. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no 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. of the RTI Act.
Relevant Facts emerging during Hearing:
The appellant stated that he is the owner of the building and had given a portion of the premises on tenancy to M/s. Abdul Hussain Mulla Mohamedali P. Ltd who in turn had given the same on lease to the MTNL. He further stated that the BMC had revised the ratable value of the portion occupied by the MTNL since the year 2001 till the vacation of the premises in the year 2009 and he wants a copy of the lease agreement executed between the MTNL and the lessor. The appellant produced a letter from M/s. Abdul Hussain Mulla Mohamedali P. Ltd seeking his permission as the owner to lease the premises and confirming that the municipal taxes will be borne by the MTNL. He also produced a copy of a letter written by the BMC to him contending that the municipal taxes are recoverable from the owner and stated that the only information he seeks is the name/identity of the party who is liable to pay the municipal taxes as per the lease agreement. The APIO agreed.
Decision notice:
As agreed by the APIO the information as above may be provided to the appellant within 30 days. The appeal is disposed of appeal.
BASANT SETH
Information Commissioner
Citation: Mr. Juzar Abdulhusain Mulla Mohammadally v. MTNL in File No. CIC/BS/A/2012/001867/3999