Smt. Sharanjit Kaur Anand vs Hindustan Petroleum Corporation ... on 29 October, 2020

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Central Information Commission

Smt. Sharanjit Kaur Anand vs Hindustan Petroleum Corporation ... on 29 October, 2020

Bench: Neeraj Kumar Gupta

                              के   ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई द ली, New Delhi - 110067

ि तीय अपील सं या/Second Appeal No. CIC/HPCLD/A/2019/106102

Smt. Sharanjit Kaur Anand                                 ... अपीलकता/Appellant
                                   VERSUS
                                    बनाम
CPIO, Hindustan Petroleum                                 ... ितवादी/Respondent
Corporation Limited, Regional
Office, Pune.

Relevant dates emerging from the appeal:

RTI : 19-09-2018            FA    : 23-10-2018          SA : 12-02-2019

CPIO : 17-10-2018           FAO : 20-12-2018            Hearing: 27-10-2020

                                  ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Hindustan Petroleum Corporation Limited, Regional Office, Pune seeking following information:-

"I am one of the owners of Land at Kasarwadi (Bhosari), Mumbai Pune Road, S. No. 447/1A (CTS No. 2097) leased out to Caltex India (Now HPCL ) in 1964 by my father Late S. Mohinder Singh Anand. As I am an interested party, I would like to know the following details: -

a. An ATM of Bank of Baroda was unauthorisedly installed on my above property since which date, month & Year? b. How much rent HPCL is getting for the above ATM? c. How much deposit was given by BOB to HPCL for the ATM? d. Please provide me the copy of an agreement between Hindustan Petroleum Corporation Ltd & Bank of Baroda about the ATM unauthorisedly installed on my Land mentioned above.

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e. Please provide me the copy of the agreement between HPCL & different Banks for the ATMs installed at different locations all over India on the petrol pumps of HPCL."

2. The CPIO responded on 17-10-2018. The appellant filed the first appeal dated 23-10-2018 which was disposed of by the first appellate authority on 20-12- 2018. Thereafter, she filed a second appeal u/Section 19(3) of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005 and also to direct him to provide the sought for information.

Hearing:

3. The appellant, Smt. Sharanjit Kaur Anand was represented by Mr. Karamjit Singh Anand through audio conferencing. Mr. Manish Agarwal, AGM participated in the hearing representing the respondent through audio conferencing. The written submissions are taken on record.

4. The representative of the appellant claimed that she is the co-owner of the land in question and therefore, the exemption u/Section 8(1)(d) of the RTI Act, 2005 is not applicable in this case.

5. The respondent informed the Commission that the ownership of the land is under dispute in respect of which a civil litigation is already pending and therefore, they have denied the information to the appellant. Further, they informed the Commission that the agreement entered between the HPCL & the respective bank regarding ATM installation is purely commercial in nature and therefore, they have claimed exemption u/Section 8(1)(d) of the RTI Act, 2005. Decision:

6. This Commission observes that the title of the land in question is pending adjudication before the court of law and therefore, the respondent has rightly denied the information relating to installation of ATM including its rent and deposit. As such, this Commission also upholds the exemption claimed by the respondent u/Section 8(1)(d) of the RTI Act, 2005 since disclosing the details of the agreement entered between the HPCL & the respective bank(s) regarding ATM installation would impede their competitive position in the retail business and no larger public interest would be served in its disclosure.

7. With the above observations, the appeal is disposed of.

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8. Copy of the decision be provided free of cost to the parties.


                                                              नीरज कु मार गु ा)
                                          Neeraj Kumar Gupta (नीरज           ा
                                                                  सूचना आयु )
                                        Information Commissioner (सू

                                                            दनांक / Date:27-10-2020


Authenticated true copy
(अिभ मािणत स यािपत  ित)

S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),
(011-26105682)


Addresses of the parties:
1.    The CPIO

Hindustan Petroleum Corporation Limited, Nodal CPIO, RTI Cell, Pune Regional Office - Retail, 3/C, Dr. Ambedkar Road, Next To Nehru Memorial Hall, Post Box No. -90, Camp, Pune-411001.

2. Smt. Sharanjit Kaur Anand Page 3 of 3

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