Case Note & Summary
The petitioner, Ferani Hotels Pvt. Ltd., a company registered under the Indian Companies Act, 1913, challenged an order of the State Information Commissioner, Greater Mumbai, directing the Municipal Corporation of Greater Mumbai (MCGM) to disclose building plans and documents submitted by the petitioner to the MCGM. The petitioner had constructed a hotel building on land leased from the estate of the late E.F. Dinshaw, of which respondent no. 3, Mr. Nusli Neville Wadia, is the sole administrator. The dispute arose when respondent no. 3 sought information from the MCGM regarding the building plans and approvals granted to the petitioner. The MCGM initially refused disclosure, citing the petitioner's objection. The State Information Commissioner, however, allowed the application and directed disclosure, holding that the information was not exempt under Section 8(1)(j) of the Right to Information Act, 2005 (RTI Act). The petitioner filed two writ petitions challenging this order. The High Court framed the issue as whether building plans and documents submitted by a developer to a municipal corporation constitute 'personal information' under Section 8(1)(j) of the RTI Act. The Court analyzed the nature of the information, noting that building plans are proprietary and confidential, prepared at the developer's cost and effort. The Court held that such information falls within the exemption of 'personal information' under Section 8(1)(j), as it relates to the private affairs of the developer. The Court also considered the fiduciary relationship between the developer and the corporation, finding that the developer reposed trust and confidence in the corporation, making the information exempt under Section 8(1)(e) as well. The Court further held that the applicant failed to demonstrate any larger public interest in disclosure; mere personal interest or curiosity does not suffice. The Court set aside the Commissioner's order and allowed the writ petitions, directing that the information not be disclosed.
Headnote
A) Right to Information Act - Section 8(1)(j) - Personal Information Exemption - Building Plans - The issue was whether building plans and related documents submitted by a developer to the Municipal Corporation of Greater Mumbai are exempt from disclosure under Section 8(1)(j) of the RTI Act as personal information. The Court held that such plans, being proprietary and confidential in nature, constitute personal information of the third party developer and are exempt from disclosure unless a larger public interest is shown. The Court set aside the order of the State Information Commissioner directing disclosure, as no public interest was demonstrated. (Paras 1-15) B) Right to Information Act - Section 8(1)(j) - Third Party Information - Fiduciary Relationship - The Court examined whether the relationship between the developer and the municipal corporation is fiduciary, making the information exempt under Section 8(1)(e). The Court held that the developer reposed trust and confidence in the corporation by submitting confidential plans, creating a fiduciary relationship. Therefore, the information is also exempt under Section 8(1)(e) of the RTI Act. (Paras 16-20) C) Right to Information Act - Section 8(1)(j) - Larger Public Interest - The Court considered whether disclosure of building plans serves a larger public interest. It held that mere curiosity or personal interest of the applicant does not constitute larger public interest. The applicant failed to show any public interest in disclosure, and the Commissioner's order was based on a misapplication of the law. (Paras 21-25)
Issue of Consideration
Whether building plans and documents submitted by a developer to a municipal corporation constitute 'personal information' under Section 8(1)(j) of the Right to Information Act, 2005, and whether the State Information Commissioner was justified in directing disclosure of such information to a third party.
Final Decision
The High Court allowed the writ petitions, set aside the order of the State Information Commissioner dated 30th October 2015, and directed that the information sought by respondent no. 3 shall not be disclosed.
Law Points
- Right to Information Act
- 2005
- Section 8(1)(j)
- personal information exemption
- third party information
- building plans
- fiduciary relationship
- larger public interest
