Whether building plan of particular building is priced material under RTI Act?

 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.