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Observing the rampant violations by real estate developers, the Supreme Court ordered tha the developer should mandatorily display santion plans at the site itself. The bench, comprising of Justice Kurian Joseph and Justice Sanjay Kishan Kaul in Ferani Hotels Pvt. Ltd. Vs. State Information Commissioner, directed thus while considering an appeal filed by a developer against anHC order that held that documents sought, being for the development of land and being copies of layouts, plans, sub-division plans, etc., which had in turn gained the attention and approval of the Commissioner of the Corporation (a public authority), and were under his control, the same were to be supplied to anyone seeking the same under the Right to Information Act, 2005.
Background
Nusli Neville Wadia, the sole administrator of the estate and effects of the late E.F. Dinshaw, sought the following information from the local authority:
CPIO refused the information, and the first appellate authority permitted the information sought under the first head to be given. Later, the State Information Commission allowed the appeals holding that the development of the property is connected with public interest, as the flats erected thereon would be purchased by the citizens at large. The builder approached the HC, challenging the Commission’s order which was dismissed.
The bench, referring to the provisions of the RTI Act and earlier rulings, culled out the following principles:
The bench, while dismissing the appeals, also imposed costs of Rs.2.50 lakhs on the builder for ‘legal misadventure’.
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