RTI application relating to the legal dispute (arbitration) of Monorail has no relation to public interest or public activity, and will cause unwarranted invasion of privacy.
After spending around Rs 3,000 crore of public money on India's first Monorail between Chembur and Jacob Circle, the Mumbai Metropolitan Region Development Authority (MMRDA) in a Right To Information (RTI) reply to DNA said that allowing inspection of documents under RTI application relating to the legal dispute (arbitration) of Monorail has no relation to public interest or public activity, and will cause unwarranted invasion of privacy.
The documents of arbitration are over the construction cost of Monorail for which the MMRDA is in dispute with Larsen & Toubro (L&T) and Malaysian based Scomi Engineering (LTSE) who have constructed the Monorail and are also involved in the operations of Monorail that is shut since November 2017 owing to the fire incident.
However, Shantanu Wagh, Transport Engineer of MMRDA has quoted exemption under Section 8 1 (J) under the RTI Act for denying to allow inspection of arbitration documents of Monorail. Information under section 8 1 (J) of RTI Act is denied when, "information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual."
The MMRDA denied allowing the inspection of arbitration documents of Monorail after DNA filed the first appeal to MMRDA's earlier reply of RTI citing that considering the process of arbitration is ongoing, it would hamper the process. DNA had filed the first appeal citing that Central Information Commission has ruled in the past that pending arbitration cannot be the reason for not sharing its information.
Meanwhile, RTI activists have slammed MMRDA for denying the inspection of Monorail arbitration documents. Bhaskar Prabhu, Convenor of Mahiti Adhikar Manch said, "How can allowing inspection of documents relating to arbitration of Monorail invade privacy and not be in public interest? The Monorail as a project is for the public, and it is of public interest. One should file a second appeal against the reply of MMRDA."
While Shailesh Gandhi, Former Central Information Commissioner, said, "Monorail arbitration is not personal information but a part of the public activity, and Section 81 (J) of RTI Act cannot be applied here. One should file an appeal against this reply."
The construction contract of Mumbai Monorail was given in 2008, and the first phase between Chembur and Wadala was made operational in 2014 but services were suspended in November 2017 after a fire incident. The second phase between Wadala-Jacob Circle has not been operational yet.
The project has been in controversy since its inception due to technical glitches and has also come under the scanner of Comptroller Auditor and General of India (CAG) over irregularities.
MMRDA SLAMMED
Meanwhile, RTI activists have slammed MMRDA for denying the inspection of Monorail arbitration documents, saying that since monorail is of public interest, Section 81 (J) of RTI Act cannot be applied
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