Many Indian citizens own land or are involved in property disputes. Sometimes, crucial information about land, especially land held bodies for extended periods, is needed to assert rights or resolve issues. This article explores a case where an RTI applicant sought information about land in the possession of the Border Security Force (BSF) and what the Central Information Commission (CIC) ruled. This case highlights the limitations and scope of the RTI Act when dealing with certain government organizations.
Background: What Information Was Sought
An RTI applicant filed a request with the Border Security Force (BSF) seeking details about a specific piece of land that the BSF had reportedly held and controlled for approximately 40 to 50 years. The applicant aimed to obtain information regarding this long-standing possession. However, the Public Information Officer (PIO) of the BSF responded that the application lacked specific details, such as the Khasara numbers of the land. Consequently, the PIO claimed it was impossible to provide the requested information and suggested the applicant approach the Revenue Department, implying the information was not held BSF.
How the Public Authority Responded
The initial response from the PIO of the BSF was to deny the request on the grounds of insufficient specificity in the application. The PIO also stated that the information sought was not available with their department and advised the applicant to seek it from the Revenue Department. This response effectively closed the door on the RTI application at the initial stage, without delving into the nature of the information or the BSF’s authority over the land.
The CIC Hearing: What Happened
Aggrieved PIO’s response, the appellant escalated the matter to the Central Information Commission (CIC). During the hearing, the BSF, represented respondent, argued that the information requested appellant was too vague and lacked the necessary specifications for the land in question. Crucially, the BSF also invoked Section 24 of the RTI Act. They submitted that as a security organization listed in the Second Schedule of the RTI Act, they are generally exempted from the provisions of the Act. They further contended that the information sought did not fall under the exceptions to this exemption, which are typically related to allegations of corruption or human rights violations.
The CIC Order and Its Significance
The Central Information Commission, after hearing arguments from both sides, made a significant observation. The Commission acknowledged that the Border Security Force (BSF) is indeed an exempted organization listed under the Second Schedule of the RTI Act. Consequently, according to Section 24 of the RTI Act, the BSF is not amenable to most provisions of the Act. The Commission further examined whether the information sought appellant fell under the proviso to Section 24(1) of the RTI Act, which allows disclosure of information related to allegations of corruption or human rights violations, even from exempted organizations. The Commission found that the information the appellant was seeking regarding the land did not pertain to any such allegations. Therefore, the CIC rejected the appeal, upholding the BSF’s position that they were not obligated to provide the information under the RTI Act in this specific instance.
Key Lessons for RTI Applicants
- Lesson 1: Understand Exempted Organizations: The RTI Act exempts certain security and intelligence organizations (listed in the Second Schedule) from its purview under Section 24. While these organizations can still be compelled to provide information related to corruption or human rights violations, for other types of information, they may not be covered. Always check if the public authority you are filing an RTI with is an exempted organization.
- Lesson 2: Be Specific in Your RTI Application: Even when dealing with non-exempted bodies, vagueness can lead to your application being rejected. The PIO cited a lack of specific details like Khasara numbers as a reason for denial. Providing precise identifiers for land, property, or other subjects makes it easier for the PIO to locate and furnish the information.
- Lesson 3: Know the Provisos to Section 24: Section 24(1) of the RTI Act is critical. It states that the Act does not apply to intelligence and security organizations specified in the Second Schedule, UNLESS the information sought relates to allegations of corruption or human rights violations. If your case involves such allegations, clearly state them in your application.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or agency is most likely to hold the information you need. For land records, this is typically the Revenue Department. If a specific force like the BSF is involved, consider if they are the primary custodian of the information or merely in possession.
- Gather Specific Details: Before filing, collect as much specific information as possible. For land, this includes Khasara numbers, village, Tehsil, district, survey numbers, and any known landmarks or previous ownership details.
- Draft Your RTI Application Clearly: State your request in simple, unambiguous language. Clearly mention the subject matter and the specific information you require. If you believe the information sought relates to corruption or human rights violations, state this explicitly.
- Submit and Pay the Fee: Submit your application to the Public Information Officer (PIO) of the relevant department along with the prescribed RTI fee. Keep a copy of your application and the receipt for your records.
Sample RTI question you can use:
Regarding the land parcel located at [Village/Area] which has been in possession of the [Name of Department/Force] since approximately [Number] years, please provide the following information: [List specific details required, e.g., details of the acquisition, current land use records, any lease agreements, survey numbers, Khasara numbers, and the legal basis for its possession].
Conclusion
This case serves as a reminder that while the RTI Act is a powerful tool for transparency, it has its boundaries. Understanding the exemptions and requirements under the Act is crucial for successful RTI applications. If you are seeking information from security or intelligence organizations, be mindful of Section 24 and focus on specific details and potential corruption or human rights violation aspects if applicable. For land-related queries, approaching the Revenue Department with precise details is often the most effective route.
