Can You Seek Details of Leasehold Property Transfers  Through RTI?
Can You Seek Details of Leasehold Property Transfers Through RTI?

Can You Seek Details of Leasehold Property Transfers Through RTI?

 

Many citizens use the Right to Information (RTI) Act to obtain details of how public authorities manage land, buildings, and other immovable assets. One common query is whether an individual can ask the Life Insurance Corporation of India (LIC) for details of leasehold properties transferred over several years.
A recent Central Information Commission (CIC) case provides a clear understanding of how such requests are handled.


Background of the Case

An appellant filed an RTI application with LIC seeking:

·         A list of all leasehold properties transferred in the last 10 years

·         Details of the premium charged

·         Details of the market value of each property

The Public Information Officer (PIO) refused the request, stating that the information was extremely voluminous and compiling it would disproportionately divert the resources of the public authority, which is exempt under Section 7(9) of the RTI Act.


What Happened During the CIC Hearing?

During the hearing, the PIO clarified two major points:

1.       Information Not Available in the Requested Format
LIC did not maintain the details in the specific consolidated form the applicant had asked for.

2.     Compiling 10 Years of Data Would Divert Resources
Gathering, checking, and collating such massive data would require considerable manpower and time, without any demonstrable larger public interest.

The appellant argued that LIC is a public authority handling public funds and property, and therefore transparency must prevail.


Modification of the RTI Request

To make the request manageable, the appellant revised and narrowed it down:

·         Instead of 10 years, only 5 years

·         Instead of all properties, only one:
Hindustan Cooperative Insurance Building, Mumbai

This made the request more specific and easier for LIC to respond to.


CIC’s Final Decision

The Central Information Commission gave a balanced order considering both transparency and practical limitations.

1. Information to Be Disclosed

The CIC directed the PIO to provide:

·         The number of properties transferred within the Hindustan Cooperative Insurance Building over the last five years

·         The tenure of transfer for each such property

·         The prescribed criteria or policy used for fixing the premium for such transfers

·         If available in material form, the total premium collected from these transfers (only if it does not require large-scale compilation)

2. Information Not Required to Be Provided

The CIC accepted the PIO’s submission that:

·         LIC does not hold market value data
Thus, market value information could not be provided.


What This Means for RTI Applicants

This case provides important guidance for drafting RTI applications regarding property and asset transfers.

Key Takeaways

·         Public authorities are not required to create new information or compile massive data sets.

·         Requests must be specific, time-bound, and limited in scope.

·         Narrowing the request increases the chances of receiving information.

·         Information can be refused if it is not held or if providing it disproportionately diverts resources.

·         Market value estimates are not always maintained authorities and may not be available under RTI.


How to File an RTI for Property-Related Information Successfully

Here are some tips based on the CIC’s reasoning:

1.       Limit the time period (e.g., last 3–5 years).

2.     Specify the exact building, property, or project.

3.    Ask only for records that already exist.

4.    Avoid asking for calculations or market valuations.

5.    Mention public interest if the matter involves public assets.