Many Indian citizens dream of owning a home, and for those living in multi-owner properties, understanding construction rights and regulations is crucial. Disputes can arise over additions or renovations, especially when it comes to adding extra floors. This case highlights how the Right to Information (RTI) Act can be used to seek clarity on such complex building norms, even though sometimes the information sought might not be directly available as ‘information’ under the Act. Understanding the CIC’s stance here can empower you when dealing with property-related queries.
Background: What Information Was Sought
The RTI applicant in this case was trying to understand the rules and regulations surrounding the construction of an additional floor on an existing building. Specifically, they wanted to know: could the owner of the second floor build a third floor without the consent of other co-owners? What kind of renovations are permissible? If all co-owners agree to a third-floor construction, does the sanction need to be for just the new floor or the entire building plan, especially if the original building had a sanctioned plan? They also sought clarity on the share of each co-owner in both the construction and usage of the building. This was a detailed query aimed at understanding property rights and construction laws in a multi-owner scenario.
How the Public Authority Responded
The Public Information Officer (PIO) initially responded that the information requested was essentially a clarification of existing rules. They suggested that the answers could be found in the Building Bye-Laws and the Master Plan of Delhi (MPD), 2011, which are available for purchase in the open market. This response implied that the PIO believed the applicant should refer to published documents rather than expect the department to extract and provide specific interpretations. The First Appellate Authority (FAA), however, directed the PIO to provide the specific information as per the Building Bye-Laws, indicating a belief that the department could indeed furnish the sought details from their regulatory documents.
The CIC Hearing: What Happened
The case eventually reached the Central Information Commission (CIC) after the PIO’s initial response and the FAA’s direction. The core of the dispute before the CIC was whether the information requested applicant qualified as ‘information’ as defined under Section 2(f) of the RTI Act. The applicant was not merely asking for a document but for interpretations and clarifications on how existing laws would apply to their specific property situation. The PIO’s argument that the information was available in published bye-laws was central to the Commission’s deliberation.
The CIC Order and Its Significance
The Central Information Commission (CIC) ultimately rejected the appeal. The Commission’s reasoning was that the applicant was seeking a clarification or an opinion on a hypothetical situation and the application of rules, rather than seeking existing ‘information’ in the form of records, documents, or data held public authority. The CIC stated that what was sought was not “information” as defined under Section 2(f) of the RTI Act. This definition includes records, documents, memos, opinions, advice, circulars, orders, reports, and data material held in any electronic form. that the applicant’s request for clarification on building construction norms did not fall under this definition, the CIC implied that the RTI Act is primarily for obtaining existing records and not for seeking legal interpretations or advice from government departments.
Key Lessons for RTI Applicants
- Lesson 1: Understand the Definition of ‘Information’: The RTI Act is designed to provide access to existing records and information held authorities. Requests that seek legal interpretations, advice, or hypothetical clarifications may not be considered valid under Section 2(f) of the Act.
- Lesson 2: Focus on Records, Not Opinions: When filing an RTI application, be specific about the documents, records, or data you want to access. Instead of asking “why” or “how,” try to ask for “copies of,” “details of,” or “records pertaining to.”
- Lesson 3: Consult Published Laws First: For general queries about rules and regulations that are publicly available in bye-laws, manuals, or acts, it is often more effective to consult these published documents directly. The RTI Act is best used when you suspect information is being withheld or is not easily accessible.
How to File a Similar RTI Application
- Identify the Public Authority: Determine which government department or local body is responsible for building approvals and regulations in your area (e.g., Municipal Corporation, Development Authority).
- Formulate Your Request Clearly: Be precise about the specific documents or records you need. For example, instead of asking for general rules, ask for a copy of the specific bye-laws related to additional floor construction or sanctioning processes.
- State the Purpose (Optional but helpful): Briefly explain why you need the information, especially if it pertains to a property dispute or a specific construction project.
- Submit the Application: Fill out the RTI application form, pay the required fee, and submit it to the Public Information Officer (PIO) of the concerned authority.
Sample RTI question you can use:
Please provide a copy of the specific Building Bye-Laws and relevant circulars or orders issued [Name of Public Authority, e.g., Municipal Corporation] that govern the construction of an additional floor on an existing residential building, along with the prescribed procedure for obtaining sanction for such construction.
Conclusion
While this case shows that the CIC may not entertain requests that are essentially seeking interpretations or advice, it doesn’t diminish the power of the RTI Act. For citizens dealing with property and construction matters, understanding this distinction is key. Always aim to request concrete records and documents that exist within the public authority’s domain. If you need clarification on laws, try to find the published laws first, and use RTI to obtain the actual documents that contain those laws, or records of how they were applied in specific instances. This approach will lead to more successful RTI applications and empower you with the information you need.
