Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(CIC) 3900

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
Kinderjit Singh Toor – Appellant
Versus
CPIO, Defence Estates Office, Jalandhar Circle – Respondent
CIC/DIGDE/A/2024/617149

Advocates:
For the Appellant: Shri Robin Ghosh
For the Respondents: Shri Hemant Jain

Public information cannot be withheld on ambiguous grounds of sensitivity without explicit legal backing or court orders; transparency is paramount under RTI.

Headnote:(A) RTI Act, 2005 - Section 7(9) - Request for information regarding General Land Registers (GLR) from 1836 to 2023 - Denial of information on grounds of sensitivity and ownership not justified as it pertains to public documents - RTI Act mandates transparency and accountability in public authorities - The commission emphasized that excessive demands under RTI should not impede administrative efficiency. (Paras 13-14)

(B) Court's Findings - The Respondent's denial based on sensitivity was deemed inappropriate since no injunction order was in place and the appeal could not bar information disclosure without specific legal provisions. (Paras 16-18).

Facts of the case:
Appellant sought various details under RTI concerning GLRs related to Old Grant Bungalows, which were denied by the CPIO due to claims of sensitivity and lack of ownership proof by the appellant.

Findings of Court:
The Commission upheld the need for transparency; denial based on sub-judice grounds was not supported by an actual court order, thus insufficient for withholding disclosures.

Issues: Whether the information sought was sensitive enough to warrant denial under RTI and the legal implications of information disclosure when litigation is pending.

Ratio Decidendi: The court clarified the importance of public access to information, stating that potential sensitivity does not exempt it from disclosure where public interest takes precedence; also highlighted the legal duty of the Respondent to provide information unless explicitly prohibited.

Result: The appeal was disposed of with the directive to furnish the sought information wherever possible.

Table of Content
1. denial of public information must have robust legal justification. (Para 2 , 4 , 14)
2. rti requests should not be thwarted on weak grounds when they concern public records. (Para 5 , 8)
3. public interest and transparency outweigh the claims of confidentiality. (Para 10 , 12 , 16)

Information sought:

1. The Appellant filed an (online) RTI application dated 27.10.2023 seeking the following information:

“Kindly supply the following information under the RTI Act, 2005 :

1. The total number of General Land Registers (GLR), date and year wise, maintained by the authority as per the Acts and MLM (Military Land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.

2. The date and year, when the General Land Registers (GLR) have been (1) Audited (2) Re-written (3) Amended, by the authority as per the Acts and MLM (Military Land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.

3. The date and year, when the General Land Registers (GLR) have been amended in concurrence with revenue records of the area, as prescribed in the Acts and MLM (Military Land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.

4. The date and year wise, number of General Land Registers (GLR) that have been lost, stolen, destroyed, damaged, have missing pages, from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.

5. The scanned copy of the rules / regulations / instructions regarding the maintenance/audit/entry/amendment of the General Land Register (GLR) from the year 1836 onwards.”

2. The CPIO furnished a reply to the Appellant on 01.12.2023 stating as under:

“Reference your RTI Registration no. DEOJL/R/T/23/00022 dated 09/11/2023, DEOJL/R/T/23/00019 dated 09/11/2023, DEOJL/R/T/23/00023 dated 09/11/2023, DEOJL/R/T/23/00024 dated 09/11/2023, DEOJL/R/T/23/00021 dated 09/11/2023, DEOJL/R/T/23/00020 dated 09/11/2023, DEOJL/R/T/23/00025 dated 09/11/2023, DEOJL/R/T/23/00026 dated 09/11/2023 & DEOJL/R/T/23/00027 dated 09/11/2023

2. In this connection, it is inform that vide above referred RTI Applications (9 no's), records desired by you sensitive in nature being a Defence land records. Hence this information's cannot be provided. Further the information's desired by you is not related to you as you have not submitted any documentary proof which proves that the property belongs to you as lease holder, HoR etc.. However particular information may be provided to a person if person related to that property after obtaining approval of competent authority.”

3. Being dissatisfied, the appellant filed a First Appeal dated 24.12.2023.

The FAA order is Not on record.

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

5. A written submission dated 12.09.2025 filed by Shri Hemant Jain, CPIO, O/O Defence Estates Officer, Jalandhar Cantt. is taken on record. Contents of the same are reproduced below:

“2. It is submitted that in the above referred matter, RTI Request Registration no. DEOJL/R/T/23/00025, Applicant Adv. Kinderjit Singh Toor has desired following information as under-

(a) The total number of General Land Registers (GLR), date and year wise, maintained by the authority as per the Acts and MLM (Military land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.

(b) The date and year, when the General Land Registers (GLR) have been (1) Audited (2) Re-written (3) Amended, by the authority as per the Acts and MLM( Military Land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3)

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2025 Supreme(Online)(CIC) 3900

CENTRAL INFORMATION COMMISSIONVinod Kumar Tiwari, ICKinderjit Singh Toor – AppellantVersusCPIO, Defence Estates Office, Jalandhar Circle – RespondentCIC/DIGDE/A/2024/617149

Public information cannot be withheld on ambiguous grounds of sensitivity without explicit legal backing or court orders; transparency is paramount under RTI.

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, IC
Kinderjit Singh Toor – Appellant
Versus
CPIO, Defence Estates Office, Jalandhar Circle – Respondent
CIC/DIGDE/A/2024/617149