M. S. KARNIK, B. P. DESHPANDE
Communidade of Mapusa, through its Attorney Shri Maurice L. J. D’Souza – Appellant
Versus
Public Information Officer, Office of the Administrator of Communidades (North Zone), Court Junction, Mapusa, Bardez, Goa – Respondent
JUDGMENT :
(M.S. Karnik, J.) :
1. These petitions raise common issues and hence disposed of by a common judgment. The issue that arises in these petitions is whether the Right to Information Act, 2005 (‘RTI Act’, for short) applies to Petitioner-comunidades.
2. We briefly refer to the facts of the case in Writ Petition no. 1177 of 2018 :
The respondent no.1 filed an application to the respondent no.2- Administrator of Comunidade, North Zone, Mapusa, for information under the RTI Act as regards documents relating to the petitioner- Comunidade. The respondent no.2 by Memorandum dated 29.09.2014, stated that the information sought pertains to records which are held by another Public Authority i.e. Comunidade of Pilerne and hence it is for the Escrivao/Clerk/Registrar to supply the same. The respondent no.1 preferred a first appeal no. RTI/AC-II/APL/17/2014 under Section 19 of the RTI Act. On 11.11.2014, the petitioner informed the respondent no.2 that the RTI Act does not apply to the Comunidade. The respondent no.2- Administrator informed the respondent no.1 (applicant) that in respect of the information sought under the application dated 05.09.2014, the attorney of the petitioner has re
Michael Charles D’Souza vs. Ganesh V. V. Gaonkar & Ors. : 1991 Mh.L.J. 1432
D.A.V. College Trust & Management Society & Ors. : (2019) 9 SCC 185
The court established that a Comunidade is not a public authority under the RTI Act, thus not subject to its obligations.
The lease of land by a Communidade to an educational institution without auction is valid when backed by majority consent and proper adherence to statutory procedures.
The Right to Information Act prevails over the Co-operative Societies Act, allowing access to information unless specifically exempted.
The Information Commission must inquire into complaints regarding misleading information under the RTI Act, ensuring compliance with statutory provisions.
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The Registrar of Cooperative Societies has the authority to access information from a cooperative society under the RTI Act, emphasizing that 'information' includes what can be accessed, not just wha....
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