The Maharashtra State Information Commission (SIC) has imposed a compensation of Rs 10 lakh on the Thane Municipal Corporation (TMC) for an “inexcusable delay” in providing information under the Right to Information (RTI) Act, 2005. The commission noted that the civic body’s failure to produce documents had severely diluted the appellant’s property rights.
Order Details and Legal Provisions
The order, passed by state information commissioner Shekhar Channe (Konkan Bench) at the end of April, directed the municipal corporation to pay the compensation via cheque within 30 days. The commissioner invoked special provisions under Section 19(8)(b) of the RTI Act, which allows the commission to compensate complainants for any loss or detriment suffered.
Background of the Case
The matter originated from an RTI application filed by Parashuram Patil, who sought official records concerning a property within the municipal corporation limits. He requested details of the property’s transfer process and historical documents dating back to the period between 1986 and 1996.
Patil, who is currently embroiled in a civil court dispute regarding the property, required these documents to establish his legal rights. However, he faced persistent administrative hurdles. The TMC administration reportedly cited the age of the records and dissolution of the concerned ward committee as reasons for the delay.
Commission's Observations and Ruling
Frustrated over the delay, Patil filed a second appeal with the SIC. During the hearing, commissioner Channe observed that citizens cannot be deprived of their rights simply because records are old or difficult to trace. The commission adopted a “sensitive and comprehensive approach,” ruling that the loss of documents by a public authority is an unacceptable excuse that unfairly prejudices the applicant.
In response to the commission’s scrutiny, the Thane administration officials stated that a special search team of clerks and staff had been formed to locate the missing records. They further informed the commission that show-cause notices have been issued to negligent employees, and disciplinary action is underway.
Reactions from RTI Activists
RTI activists have hailed the decision as a landmark assertion of transparency. Activist Vihar Durve noted that many applicants face similar stonewalling, and such a heavy penalty will serve as a deterrent. “This order gives hope to applicants,” said another activist. “It is very rare to come across such orders. This gives hope to applicants,” he added.
The compensation order is expected to send a strong message to public authorities across the state, emphasizing the importance of timely disclosure of information under the RTI Act.
