‘Paradise’ loses its tranquility

In an interesting case that transpired at the information commission, applicants have sought information under the life and liberty clause of the Right to Information Act which is rarely used. Although state chief information commissioner Vilas Patil rejected the plea under life and liberty clause, he asked the authorities to provide information within a month’s time. The reason for rejection given was “time lag in prosecution.”

As per the provision on the RTI Act, under section 7 (1), if the information sought concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

 Residents of Paradise building in Versova used the clause to demand information when the BMC gave them a notice to vacate the building. They were served a notice asking them to vacate the place, failing which action would be taken without further intimation. The reason given was that the building does not have an Occupation Certificate (OC).

To defend themselves in a court of law the troubled residents, filed an RTI application seeking details of the correspondence related to the building with the authorities in the past 10 years, the number of buildings with OCs and ones with no OCs in the western suburbs, action taken on them and the notices sent to them. They felt that if most buildings had the same status, their building should not be singled out for action.

 Though public information officer and the first appellate authority did not come, officials present on their behalf told the commissioner that the information could be given only in two months as it was voluminous. Not satisfied, applicants argued that they will be thrown out by then. “Most of the people living in the city either do not have an OC or have not got their conveyance deed. If at all residents have to go to court, they should be able to tell how many people live like them so that they get a reprieve. It only makes their case good,” argued RTI activist Krishnaraj Rao on their behalf.

“What we also wanted to see was the nexus between the developer and officials,” said Mohammed Afzal, an RTI activist who made applications on behalf of the residents.

The commissioner, however, allowed time bound disbursal of information when both parties agreed to it. The order now states that information for the first two years be given to residents within two months and the rest of it later. “It was not considered under life and liberty because as per the submission, prosecution would take time. So a month’s time was given,” said Patil.