Information regarding land records based on which petrol pump was allotted was denied u/s 8(1)(j) & 8(1) (d) - CIC: Appellant shall submit necessary document establishing his ownership of the land; Respondent to offer inspection of documents if convinced
Information sought and background of the case:
The Appellant filed an RTI application dated 19.11.2021 seeking information regarding land records based on which petrol pump was allotted to authorized dealer Anand Fuel Centre, Mirganj, Purnea, Bihar and other related details in this regard.
The PIO/Chief Manager (Retail), Bihar and Jharkhand vide letter dated 07.01.2022 denied information to Appellant 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. and 8(1) (d) of the RTI Act.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.1.2022. The FAA/Chief (Retail) vide order dated 26.02.2022 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from the PIO vide letter dated 10.08.2023 reiterating the aforementioned fact.
Hearing was scheduled through virtual means after giving prior notice to both the parties. Both parties are duly represented and heard through video conference and reiterated their respective contentions. It transpired during the course of hearing that in the absence of any relationship of the Appellant with the dealer of Anand Fuel Centre, Mirganj, Purnea, Bihar or with the land on which the fuel centre is located, the response sent by the Respondent is found to be in order. The Appellant claimed to be a co-owner of the land on which the fuel centre was located.
In the light of the aforementioned circumstances, it is deemed appropriate that the Appellant shall submit necessary document establishing his ownership of the land in question. If the Respondent is convinced with the locus standi of the Appellant on verification of the document, inspection of relevant documents can be provided through Territory Manager, Barauni on a mutually agreed date and time. The Respondent shall submit a compliance report in this regard before the Commission within a week of the inspection of records by the Appellant.
The appeal is disposed off on these terms.
Y. K. Sinha
Chief Information Commissioner
Citation: Kumar Vishnuvrat v. BPCL, Patna, CIC/BPCLD/A/2022/122703; Date of Decision : 25.08.2023