Central Information Commission
Mr.Vivek Mahna vs Ministry Of Human Resource Development on 18 January, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/DS/A/2011/000965
Appellant /Complainant : Shri Vivek Mahna,New Delhi
Public Authority : Indian Institute of Technology,
Delhi
( Shri Vivek Raman, Asstt.Registrar)
Date of Hearing : 18 January 2012
Date of Decision : 18 January 2012
Facts:
1. Appellant submitted RTI application dated 22 October 2010 before the CPIO, IIT, New Delhi seeking
1. Copy of the Study on sound barrier for IGI Airport conducted in 2010 as requested by DIAL.(Delhi International Airport Pvt. Ltd.)
2. Copy of Correspondence between DIAL and IIT, Delhi regarding sound barrier for IGI Airport.
3. Copy of report from DNV or other independent consultant regarding the Sound barrier for IGI Airport.
2. Vide CPIO Order dated 24 November 2010, CPIO informed the Appellant that information is barred from disclosure under section 8 (1) (d) of the RTI Act, 2005.
3. Not satisfied with the CPIO's reply, Appellant preferred appeal before the First Appellate Authority.
4. Vide FAA Order dated 30 December 2010, the FAA informed the Appellant that DIAL is not a public authority as envisaged under the RTI Act, 2005 and hence not amenable to the provisions of the RTI Act.
Appeal: No. CIC/DS/A/2011/000965
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today. Both the parties were present at the hearing in person. The "third party" DIAL was not present at the hearing.
7. The Respondent submitted that they have informed third party about the RTI Application but the third party has refused to disclose the information as it pertains to their "trade secret" and "commercial confidence". The third party has further added that they are not 'public authority' as per the provisions of the RTI Act, 2005. Respondent has stated that they were commissioned by the third party to undertake the study on sound barrier for IGI Airport and are in possession of a copy of the report.
8. The Appellant submitted that the disclosure of information is important as there is a Larger Public Interest involved. The Appellant further submitted that the community living around the Airport are facing Noise pollution and thereby affecting the health of the citizens.
9. The Commission is further informed that the DIAL has approached the Supreme Court against the Decision of the Commission declaring it as 'public authority', and thus the matter is subjudice.
Decision notice
10. The Commission takes note of the fact that the matter of whether DIAL is a 'public authority' is before Delhi High Court. As per the facts before Commission, DIAL is to be treated as 'third party' in the present case as under section 23 (n) of the RTI Act, 2005 'third party' means a person Appeal: No. CIC/DS/A/2011/000965 other than the citizen making a request for information and includes a public authority.
11. Thus Commission would like to hear the 'third party' submissions on the issue, as it involves larger public interest. The Commission in the procedure of deciding appeal under section 5 of the Central Information Commission (Appeal Procedural) Rules, 2005 issues notice to the third party i.e., DIAL to attend hearing on a date that will be communicated shortly to all the concerned parties.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri VivekMahna President Pushpanjali R.W.A., A8, Pushpanjali Farms Bijwasan, New Delhi110061
2. The CPIO Dy. Registrar Indian Institute of Technology Delhi Hauz Khas, New Delhi110016
3. The Appellate Authority Registrar Indian Institute of Technology Delhi Hauz Khas, New Delhi110016
4. The General Manager Delhi International Airport (Pvt.) Ltd., New Udaan Bghawan, Terminal 3, Opp. ATS Complex International Terminal, IGI, Airport New Delhi110037 Appeal: No. CIC/DS/A/2011/000965