Court rules that Panchayat-issued building plans are public records, dismissing objections based on third-party confidentiality.
In a landmark ruling, the Kerala High Court has reinforced the public's right to access approved building plans issued by Panchayats, declaring such documents as public records under the Right to Information (RTI) Act, 2005. The court's decision came in response to a writ petition filed by Joseph Palackatharayil Varughese, who sought access to the approved building plan of a hospital from the Pathiyoor Gramapanchayath, which had been denied on the grounds of third-party objections.
Justice Murali Purushothaman, presiding over the case, highlighted that the approved building plans, once issued by a Panchayat, are considered part of the public domain and cannot be withheld under Sections 8(1)(d) or 8(1)(j) of the RTI Act unless they are specifically notified as exempted. The ruling emphasized that such plans do not constitute personal information or trade secrets and their disclosure does not harm any competitive position.
The court further elaborated that the rejection of Varughese's request, based solely on the objection of the hospital, was invalid. The Panchayat's denial was deemed a misconceived application of the law, as the RTI Act aims to promote transparency and accountability in governance by ensuring public access to information.
In addition, Justice Purushothaman addressed the issue of alternate remedies under Section 19 of the RTI Act, stating that the availability of such remedies does not bar the court from exercising its writ jurisdiction, especially when the denial of information is deemed illegal and no factual disputes are present. The court underscored that the rule of alternate remedy is a matter of policy and convenience, not an absolute prohibition.
The court directed the Public Information Officer of Pathiyoor Gramapanchayath to provide Varughese with a copy of the approved building plan within one month, reinforcing the principle that public records maintained by Panchayats should be accessible to citizens unless explicitly exempted by law.
Bottom Line :
Right to Information - Approved building plans issued by a Panchayat are public records and cannot be exempted from disclosure under Sections 8(1)(d) or 8(1)(j) of the Right to Information Act, 2005, unless specifically notified as exempted documents.
Statutory provision(s): Right to Information Act, 2005 Sections 6, 8(1)(d), 8(1)(j), 11, 19; Constitution of India, 1950 Article 226; Kerala Panchayat Raj Act, 1994 Sections 271A, 271B.
