The priced material is indicated as publications printed
matter, text, maps, plans, floppies, CDs, samples, models or
material in any other form, which are priced, the sale price
thereof. A building plan of a particular premises is not open for
sale and it is not priced. Hence, it cannot be called as a priced
material. In respect of other than priced material, the actual
cost of the copy has to be recovered from the party. Thus, the
first respondent committed an error in coming to the conclusion
that the information sought by the petitioner is a priced material
and also upholding the demand made by the second respondent.
If it is a priced material, the sale price should have been
indicated. In case of other than priced material, the actual cost
should have been calculated. Either way it has nothing to do
with the calculation of the amount as done by the second
respondent.
ANDHRA PRADESH HIGH COURT
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.3258 of 2008
Sri O.M.Debara. Vs The AP State Information Commission,
Dated;06-12-2014
Citation; AIR 2015 Hydera 56
2. The petitioner is the General Secretary of the Forum for
Better Hyderabad, a Non-Government Organization engaged in
taking up several issues of public interest. The petitioner filed
an application on 06.06.2007 to the third respondent seeking a
copy of the sanctioned plan in respect of the premises No.8-3-
949/1, Ameerpet, Hyderabad under the Right to Information
Act, 2005 (for short, the Act). When the petitioner enquired with
the third respondent on 07.08.2007, he was informed that the
requisite fee of Rs.10/- was not found along with the application
and when he was informed so, the petitioner paid the amount on
07.08.2007 itself. But, the third respondent did not furnish the
information as required under Section 7(1) of the Act within the
period of thirty days. The petitioner received a letter dated
24.08.2007 on 19.09.2007 from the second respondent
requesting the petitioner to pay an amount of Rs.44,787/- for
providing the certified copies of the sanctioned plans in respect
of the premises required by the petitioner. The amount was
calculated @ Rs.165 per 1000 sft. of the total sanctioned area.
The petitioner submitted a reply on 19.09.2007 itself to the
second respondent stating that since the information was not
furnished within thirty days as required under the provisions of
the Act, the petitioner is entitled for the information free of cost
as per Section 7(6) of the Act. Challenging the demand of the
said amount, the petitioner filed an appeal before the first
respondent. The first respondent passed an order on
12.02.2008 dismissing the appeal, challenging which the
present Writ Petition was filed.
3. No counter affidavit is filed by the respondents.
4. Learned Counsel for the petitioner submits that in the
absence of furnishing the information within thirty days, as
provided under Section 7 of the Act, the petitioner is entitled to
have the information free of cost under Section 7(6) of the Act.
Though the said point was raised before the first respondent, the
first respondent did not advert to the said point in the order
dismissing the appeal. It is further submitted that the demand
of Rs.44,787/- is ultra vires the provisions of the Act, as the
Rules were framed under the provisions of the Act called, the
Andhra Pradesh Right to Information (Regulation of Fee and
Cost) Rules, 2005 (for short, the Rules), which override the rules
under any other enactment.
5. There is no dispute that the petitioner filed an application
on 06.06.2007 seeking information of the following:
a) Please provide us a copy of the final building
permission including approved building plan of each
floor, given to the commercial complex located in
Ameerpet housing the Big Bazaar Store.
b) Please provide us a copy of the Occupancy
certificate issued to the same building.
c) Please provide us a copy of all the file notings related
to the above building permission.
d) Please provide us a copy of all the communications
between GHMC and any other Govt.
Agencies/Organizations involved in giving the
building permission.
6. When the petitioner was informed that the requisite fee of
Rs.10/- was not enclosed to the said application, he paid the
same on 07.08.2007 and submitted it on the same day to the
third respondent. The second respondent issued a letter on
24.08.2007 asking the petitioner to pay an amount of
Rs.44,787/- towards the fee for the certified copies of the
sanctioned plans and with regard to the other information which
would be furnished in due course of time and separate fees
would be charged. The petitioner addressed a letter to the
second respondent on 19.09.2007 protesting the demand of
such amount. The third respondent addressed a letter to the
petitioner on 11.10.2007 intimating that as per the provisions of
the Greater Hyderabad Municipal Corporation Act, charges have
to be paid for providing the certified copies on the payment of
the fees as prescribed in the schedule of rates which have been
published in the notification vide G.O.M.S.No,875 M.A. dated
14-09-1964, after taking approval of the General Body of the
Corporation and as per the same the rates were calculated.
However, the petitioner was not agreeable for the same and he
filed an appeal before the first respondent on 06.11.2007. The
first respondent passed the following order:
Heard both the parties.
The Commission after hearing the contentions of both
the parties has also perused the G.O.Ms.No.454 issued by GA
(I&PR II) Dept., dt.13.10.2005.
As per G.O.Ms.No.454 GA (I&PR II) Dept., dt.13.10.2005
under Rule 4(A) priced material is mentioned. It is relevant to
mention here Rule 4(B) also which speaks about other than
priced material.
In view of Rule 4(A) of the said Rules the calculations
arrived at by the PIO is according to the departmental fixed
priced material and therefore to pay a sum of Rs.44,787/- as
communicated to the appellant herein is correct, which is the
printed material.
So far the request of the Appellant that the charges as
fixed by the PIO are exorbitant and very difficult for him to pay
and the said request cannot be considered by this Commission,
the reason being that as per Section 27(1) of the RTI Act, 2005,
the rule making power is vested with the State Government and
accordingly, the fee and cost rules were made by the
Government only. Hence, the request of the Appellant cannot
be considered to.
Accordingly, the appeal is disposed of.
7. The first respondent upheld the demand based on
G.O.Ms.No.454 dated 13.10.2005 holding the information as
priced material and since the rule making power is vested with
the State Government under Section 27(1) of the Act, it is for the
Government to fix the fee and cost and accordingly dismissed
the appeal.
8. Section 7 of the Act reads as follows:
7. Disposal of request:- (1) Subject to the proviso to
sub-section (2) of section 5 or the proviso to sub-section (3) of
section 6, the Central Public Information Officer or State Public
Information Officer, as the case may be, on receipt of a request
under section 6 shall, as expeditiously as possible, and in any
case within thirty days of the receipt of the request, either
provide the information on payment of such fee as may be
prescribed or reject the request for any of the reasons specified in
sections 8 and 9:
Provided that where the information sought for concerns
the life or liberty of a person, the same shall be provided within
forty-eight hours of the receipt of the request.
(2) If the Central Public Information Officer or State Public
Information Officer, as the case may be, fails to give decision on
the request for information within the period specified under
sub-section (1), the Central Public Information Officer or State
Public Information Officer, as the case may be, shall be deemed
to have refused the request.
(3) Where a decision is taken to provide the information on
payment of any further fee representing the cost of providing the
information, the Central Public Information Officer or State
Public Information Officer, as the case may be, shall send an
intimation to the person making the request, giving-
(a) the details of further fees representing the cost of
providing the information as determined by him,
together with the calculations made to arrive at
the amount in accordance with fee prescribed
under sub-section (1), requesting him to deposit
that fees, and the period intervening between the
despatch of the said intimation and payment of
fees shall be excluded for the purpose of
calculating the period of thirty days referred to in
that sub- section;
(b) information concerning his or her right with
respect to review the decision as to the amount of
fees charged or the form of access provided,
including the particulars of the appellate
authority, time limit, process and any other forms.
(4) Where access to the record or a part thereof is required
to be provided under this Act and the person to whom access is
to be provided is sensorily disabled, the Central Public
Information Officer or State Public Information Officer, as the
case may be, shall provide assistance to enable access to the
information, including providing such assistance as may be
appropriate for the inspection.
(5) Where access to information is to be provided in the
printed or in any electronic format, the applicant shall, subject to
the provisions of sub-section (6), pay such fee as may be
prescribed:
Provided that the fee prescribed under sub-section (1) of
section 6 and sub-sections (1) and (5) of Section 7 shall be
reasonable and no such fee shall be charged from the persons
who are of below poverty line as may be determined by the
appropriate Government.
(6) Notwithstanding anything contained in sub-section (5),
the person making request for the information shall be provided
the information free of charge where a public authority fails to
comply with the time limits specified in sub-section (1).
(7) Before taking any decision under sub-section (1), the
Central Public Information Officer or State Public Information
Officer, as the case may be, shall take into consideration the
representation made by a third party under Section 11.
(8) Where a request has been rejected under sub-section
(1), the Central Public Information Officer or State Public
Information Officer, as the case may be, shall communicate to
the person making the request,-
(i) the reasons for such rejection;
(ii) the period within which an appeal against such
rejection may be preferred; and
(iii) the particulars of the appellate authority.
(9) An information shall ordinarily be provided in the
form in which it is sought unless it would disproportionately
divert the resources of the public authority or would be
detrimental to the safety or preservation of the record in
question.
9. The Rules were framed under the provisions of the
Act. Rule 4 of the Rules deals with the fee to be charged for
providing the information and it reads as follows:
Fee to be charged for providing information:- For
providing information under sub-section (1) or sub-section (5) of
Section 7, a fee shall be charged, by affixing the court fee
stamps or by way of cash or postal order or demand draft or
bankers Cheque, payable to the Accounts Officer or any other
duly authorized officer of the Public Authority, against proper
receipt, at the following rates:-
(A) Priced material:- Publications printed matter, text,
maps, plans, floppies, CDs, samples, models or material in any
other form, which are priced, the sale price thereof;
(B) Other than priced material:-
(i) Material in printed or text form (in A4 or A3 size
paper) Rs.2/- per each page per copy;
(ii) Material in printed or text form in larger than A4
or A3 size paper actual cost thereof;
(iii) Maps and Plans actual cost thereof;
(iv) Information in Electronic format viz., Floppy, CD or
DVD:
(a) rupees fifty for Floppy or 1.44 MB;
(b) rupees one hundred for CD of 700 MB; and
(c) rupees two hundred for CD (DVD);
(v) Samples and models actual cost thereof;
(vi) for inspection of records, no fee for the first hour;
and a fee of Rupees Five for each subsequent hour
(or fraction thereof);
(vii) Material to be sent by post the actual postal
charges in addition to the charge payable as per
these rules.
10. The priced material is indicated as publications printed
matter, text, maps, plans, floppies, CDs, samples, models or
material in any other form, which are priced, the sale price
thereof. A building plan of a particular premises is not open for
sale and it is not priced. Hence, it cannot be called as a priced
material. In respect of other than priced material, the actual
cost of the copy has to be recovered from the party. Thus, the
first respondent committed an error in coming to the conclusion
that the information sought by the petitioner is a priced material
and also upholding the demand made by the second respondent.
If it is a priced material, the sale price should have been
indicated. In case of other than priced material, the actual cost
should have been calculated. Either way it has nothing to do
with the calculation of the amount as done by the second
respondent.
11. In the circumstances, the order passed by the first
respondent is set aside and the respondents are directed to
furnish the required information to the petitioner as per the
Rules provided under the Act, and the Writ Petition is,
accordingly, allowed. The miscellaneous petitions pending, if
any, shall stand closed. There shall be no order as to costs.
________________________________
(A.RAMALINGESWARA RAO, J)
06.12.2014.
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