RTI denial for vagueness and sub-judice matters mitigated by eventual detailed disclosure post-litigation; show cause notices dropped.

Information sought:

1. The Appellant filed an RTI application dated 11-09-2023 seeking the following information:

“Under the Right to Information Act 2005, I request you to kindly furnish the following information here under.

1. Please furnish information and Certify Copies whether the land bearing Old Survey No. 18, New No.27 land measuring 20 Guntas of land located at Ward No. 94, Bruhat Bengaluru Mahanagara Palike, Gandhi Nagar, Bengaluru - 560009 situated under the following Schedule stated below.

East : by Budha Society, Gandhi Nagar, Bengaluru

West : by BBMP Corporation Girls and Boys High School, Gandhi Nagar, Bengaluru.

North : by 13/2, 6th Cross, Gandhi Nagar, Bengaluru.

South : by Kanishka Hotel Compound, Gandhi Nagar, Bengaluru Land is belongs to Railway land ?

or

Whether the said land is belongs to Sri. Ramalingeshwara Mutt, represented by Sri. Sha.Bra. Matadhipathi Chandramowleshwara Shivachary Swamigalu, Haranahalli, Shivamogga (Camp at 92/10, 12th C Main, 6th Block, Rajajanagar, Bengaluru) ?

2. Whether the above said land property is belongs to Railway ?, If yes, please furnish the following Certify Copies of the land, such as (a) Sale Deed of the land (b) Khata of the land (c) Copy of the Tax Paid Receipt as on date (d) Registration of the land (e) Mutation (f) Pani (RTC) of the land Certify Copies may please be furnish.

3. Please furnish Certify Copy of the Blue Print or Sketch of the above said land.(Old Survey No.18, New Survey No.27, Ward No.94, BBMP, Gandhi Nagar, Bengaluru -09.

4. Please furnish the following information and Certify Copies, whether the above said land bought by the Railway from Private Party or from Bruhat Bengaluru Mahanagara Palike (erstwhile Bengaluru City Corporation) or from Special Land Acquisition Officer of the erstwhile Mysuru Government ?, If yes, you may please be furnish information and Certify Copy about the amount paid by the Railway to Private Party or BBMP (Old BCC) or to the Government of Mysuru towards the land cost. A copy of the pay Order / Cheque / DD paid to any one of the above party ? Such certify copy may please be furnish.

5. Please furnish Certify copies of the letters written by the Railway Authority to various state agency on 08/02/1973, 27/02/1973, 01/06/1973, 14/05/1973, 20/12/1973, 27/02/1974, 26/03/1973 and 01/06/1982.”

2. The CPIO furnished a reply to the Appellant on 22-09-2023 stating as under:

“Since Your request RTI Application seeking certified copies of Land Plans of old Sy. No-18, New Sy. No.27 doesn't precisely state the Revenue village to which it belongs to that would be an out of question for s to proceed further in checking the all other documents you are asking for in para no.2, 3, 4 & 5 of your request application. Therefore it is hereby requested you to mention all particulars relevant to Railway and its part of functional thereof.”

Being dissatisfied, the appellant filed a First Appeal dated 03.10.2023. The FAA vide its order dated 18.10.2023, held as under.

“The parawise reply is enclosed herewith as per Annexure-A. Annexure-A dated 12.10.2023 is as under:

Since your request RTI Application seeking certified copies of Land Plans of old Sy. No-18, New Sy. No.27 doesn't precisely state the Revenue village to which it belongs to that would be an out of question for us to proceed further in checking the all other documents you are asking for in para no.2, 3, 4 & 5 of your request application. Therefore it is hereby requested you to mention all particulars relevant to Railway and its part of functional thereof.”

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

Relevant Facts emerged during Hearing on 06.02.2025:

The following were present:-

Appellant: Present through Video-Conference.

Respondent: Shri Satish Kumar, Junior Clerk, attended the hearing through VC.

The Appellant stated that the Respondent has not provided the relevant informa