Central Information Commission
Pankaj Dinesh Dodiya vs Ut Of Dadra And Nagar Haveli And Daman And ... on 28 March, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DNHDU/A/2023/160947
PANKAJ DINESH DODIYA .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Chief Officer, Diu Municipal Council,
UT Administration of Daman & Diu,
Fort Road, Diu - 362520 ....प्रनर्वािीगण /Respondent
Date of Hearing : 27-03-2024
Date of Decision : 28-03-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 20-07-2022
CPIO replied on : 17-08-2022
First appeal filed on : 05-09-2022
First Appellate Authority's order : 18-10-2022
2nd Appeal/Complaint dated : 23-11-2022
Information sought:
The Appellant filed an RTI application dated 20-07-2022 seeking the following information:
"1) Copy of construction permit, copy of layout plan (map), copy of bar license of Apana hotel located on Fort Road, Diu.Page 1 of 3
2) Copy of Construction permit, Copy of Layout plan (map), copy of bar license, Asiyana Hotel near Jain Derasar, Diu.
3) Copy of construction permit, copy of layout plan (map), copy of bar license of Apar Hotel on Bandar Chowk Road, Diu."
The CPIO furnished a reply to the Appellant on 17-08-2022 stating as under:
"With reference to above, it is informed that Shri Anavarali Jiwani, owner of the properties in question, has informed this council that these are his personal documents hence may be misused. They have also requested this council not to give above information to any third party. Hence in view of above, request to issue copies under Right to Information Act is hereby rejected under section 8(J) of the R.T.I Act, 2005."
Being dissatisfied, the appellant filed a First Appeal dated 05-09-2022. The FAA vide its order dated 18-10-2022, upheld the reply of the CPIO. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Dr. Vivek Kumar, Chief Officer & PIO, attended the hearing.
The Appellant did not participate in the hearing.
The Respondent submitted that the information sought by the Appellant in the instant RTI Application is personal information of third parties for which their office has invoked Section 11 of the RTI Act and the concerned third parties have not given their consent to share their personal information with the Appellant. Accordingly, the requisite information is exempted from disclosure under Section 8 (1) (j) read with Section 11 of the RTI Act.
A written submission has been reived from Dr. Vivek Kumar, Chief Officer & PIO, vide letter dated 20.03.2024 and the same has been taken on record.Page 2 of 3
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that an appropriate reply has been provided to the Appellant vide letter dated 17.08.2022. Since the Commission finds no infirmity in the reply provided by the Respondent, no intervention is required in the instant case.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181827 Date Page 3 of 3