Copy of map of the building of HPCL under construction or approved sought – PIO: revelation of details of various locations, facility being provided etc., may prejudicially affect the security of the state and is exempt u/s 8(1)(a) - CIC: denial upheld
8 Dec, 2013ORDER
The present appeal, filed by Shri Rahish Kumar against Hindustan Petroleum Corporation Limited (HPCL), was taken up for hearing on 19.11.2013 when the Respondents were present through Shri Vijay Kumar Patel, Sr. Regional Manager. The Appellant was, however, not present.
2. The Appellant through his RTI application dated nil sought certain information [like, area of land taken on lease by HPCL along with the amount paid for the same; copies of lease agreement along with khata, Khasra and Rakva; copy of map of building (under construction or approved); copies of NOCs obtained from the concerned departments and so on] regarding a land (of Shri Rajendra Gokul Goshala) taken on lease by the Hindustan Petroleum Corporation Limited.
3. The CPIO vide his letter dated 18.03.2013 furnished point wise reply to the Appellant. The CPIO, however, refused to provide copy of map of the building (under construction or approved) to the Appellant on the ground that the subject area has been declared as restricted area. The CPIO also denied copy of NOC obtained from the District Magistrate, Patna to the Appellant.
4. Aggrieved by the reply of the CPIO, the Appellant filed an appeal before the Appellate Authority on 12.04.2013 which the Appellate Authority decided vide his order dated 19.04.2013 upholding the CPIO’s reply.
5. The Appellant then filed the present appeal before the Commission alleging that the information provided to him by the CPIO is incorrect and incomplete.
6. During the hearing, the CPIO, Shri Vijay Kumar Patel informs the Commission that the HPCL has been provided total 58.4175 acre of land by Bihar Government, for which the HPCL has made a payment of Rs. 32,88,45,100/. However, since the process of taking land on lease basis by the HPCL has not yet been finalized, they are not in a position to sate as to how much land of Shri Rajendra Gokul Goushala (as requested by the Appellant in his RTI application) has been included in the total area of land provided to the HPCL by Bihar Government. This fact has already been communicated to the Appellant. As regards the copy of map of building (to be constructed), Shri Patel (CPIO) submits that this information includes details of various locations, facility being provided etc., revelation of which may prejudicially affect the security of the state and that therefore the same had not been provided to the Appellant. He also mentions that the said area has been declared as restricted area. He thus claims exemption u/s 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; of the RTI Act from disclosure of this information. As for copy of NOC obtained from the concerned authority i.e. District Magistrate, Patna in this case, Shri Patel agrees to provide this information to the Appellant.
7. Having heard the submissions above and perused the records, the Commission upholds the CPIO’s contention that the copy of map as requested by the Appellant at point No. (iv) of his RTI application cannot be provided to him u/s 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; of the RTI Act. No disclosure is thus needed with regard to this information. However, the CPIO, as agreed during the hearing, is hereby directed to provide a copy of NOC obtained from the District Magistrate, Patna to the Appellant within 1 week of receipt of this order. As for the remaining points, the CPIO has already communicated the factual information to the Appellant which completes the disclosure requirement. As such, no further disclosure is required with regard to them.
8. Appeal is disposed of with the above directions.
(Sushma Singh)
Information Commissioner
Citation: Shri Rahish Kumar v. Hindustan Petroleum Corporation Limited in Case No.CIC/LS/A/2013/001432SS