RTI covers building plans of private firms

The Bombay High Court has ruled that information regarding development plans of a building company can be disclosed by the municipal authorities on an application under the Right to Information Act. In this case, Ferani Hotels Ltd and Nusli Wadia, the two parties had an agreement to develop certain lands in Mumbai. The relationship turned sour and the agreement was terminated, leading to a suit in the high court. Meanwhile, Wadia moved an application before the public information officer of the Municipal Corporation of Greater Mumbai seeking details of the architectural plans and reports submitted by the company to the municipal commissioner and his approval. When the information was denied, Wadia moved the state information commissioner, who ordered the release of the information. The company appealed to the high court, arguing that the information sought did not serve any social or public interest, it was only for private interest. Moreover, it would harm its business interest and would violate its intellectual property rights. The information was also trade secrets, the company argued. The commissioner rejected these contentions and maintained that the development plans were of public interest as they would affect citizens and buyers of flats and commercial units. The high court upheld this view and stated that the term 'information' included information relating to any private body. Development plans have to be submitted to the municipal authorities for approval. The documents are part of public records," the judgment said.