Maharashtra SIC has ordered BMC and all other local bodies not to disclose building plans under the RTI Act, used by activists to expose illegal and unauthorised construction activities

The Maharashtra state chief information commissioner (SIC) has directed all local bodies in the state not to disclose building plans or other document (like interior plans) to anyone under the Right to Information (RTI) Act, citing security concerns.

Ratnakar Gaikwad, the SIC, in his order on 26 September 2013 issued using powers vested under Section 19(8)(c) and 25(5) of the RTI Act, said, "All municipal corporations, municipalities in the state are directed not to provide building plans or other related documents of public buildings including government and semi-government offices, hotels, gymkhanas, hospitals, malls, IT and commercial buildings. Similarly, in case of private buildings, interior plans will not be provided under RTI unless it is proved that the information sought is in public interest."

This order has come as shock to several RTI activists such as Shailesh Gandhi (who served as Central Information Commissioner) and Bhaskar Prabhu, who are working on placing all permissions granted, approval plans and concessions for several buildings on the website of BrihanMumbai Municipal Corp (BMC). Both, Gandhi and Prabhu are part of the BMC's technical advisory committee (TAC). The TAC was on the verge of ensuring suo moto disclosure of all building plans, and related documents by BMC.

"This is an unprecedented order muzzling information from being provided. The order of the SIC is bad in law and contrary to the spirit and preamble of the RTI Act. The SIC should withdraw this order. Citizens should ensure that all details should be available on the website to safeguard their interests and prevent builders from fooling them," said Gandhi.

RTI activist Anil Galgali, in a letter sent to Maharashtra governor K Shankarnarayan, chief minister Prithviraj Chavan and chief secretary Jayant Banthiya has questioned the issuance of the order by Gaikwad. "...the order is bad in law, without application of mind, illegal, unconstitutional and against the RTI Act. The Information Commissioner has to pass orders within the purview of RTI Act on a case which is presented before it. It has no powers to pass any general orders/law, which is vested with either the government or the Legislature," Galgali said.
 

He said, "It must be noted that almost 52% of buildings in city like Mumbai do not have occupation certificate (OC). Such order (by the SIC) will ensure that the illegalities committed by the builders in collusion with corrupt babu’s and neta’s are always buried. The common man will never ever get to know about illegalities committed in a building in which he proposes to buy a flat or shop that in future may become another Campa Cola building."

Several activists have exposed illegal constructions across the country using the RTI Act. In one of orders, the Central Information Commission, stated, “The information that 65 illegal buildings have come up in a single zone has been exposed through a citizen’s use of right to information. In other RTI applications, the appellant has been given evidence of another 54 illegal buildings and he claims to have brought to the notice of the authorities another 90 buildings. A clear modus operandi which emerges in this case is that an illegal building is constructed in three to six months and during this period neither any cognizance of any complaint is taken nor any information provided under the Right to Information Act. After the whole building is constructed it is probably claimed that this is an old building and needs to be regularised”.

While the security concerns raised by the Maharashtra SIC needs to be addressed by authorities, blocking access to important information like building plan would deprive buyer a chance to verify the authentication of the building. The recent case of Campa Cola compound building only highlights the need for transparency from local public bodies, without which buyers would continue to be duped.

Speaking with Times of India, Gaikwad has said that there is a difference between a prospective buyer and any other information seeker. "A builder must disclose to a prospective buyer all facts, plans, costs etcetera and can also insist on information under RTI if he feels cheated," he told the newspaper.

Here is the order passed by the SIC…