VidhiSangh

Supreme Court of India · 27/09/2018

FERANI HOTELS PVT. LTD. versus THE STATE INFORMATION COMMISSIONER GREATER MUMBAI & ORS.

[2018] 12 S.C.R. 244 · 2018 INSC 904

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld disclosure under the RTI Act of approved building plans, layouts, development plans and amendments held by the municipal corporation. The developer’s private dispute with the applicant did not defeat this independent statutory right. The plans were not protected commercial secrets or personal information, and supplying certified copies did not infringe copyright. Third-party objections had been heard. The appeals were dismissed with Rs 2.50 lakh costs payable to the applicant; the Court also stressed display of sanctioned plans at project sites.

Issues

  1. Whether the applicant’s earlier civil proceedings barred the independent RTI request.
  2. Whether the approved plans attracted commercial-confidence, personal-information or copyright exemptions.
  3. Whether severance or third-party consultation prevented disclosure.
  4. What disclosure, site-display and costs consequences followed.

Provisions considered

Held

Result

Appeals dismissed; disclosure upheld within the remaining request, with Rs 2.50 lakh costs payable to respondent 3. Sanction-plan display at project sites emphasised.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 244.