If you are stuck in such a situation, here is what to do.
Mr. Rohan Mehra, a resident of the quiet locality of Shantinagar in the city of Amodhpur, noticed a disturbing development. A large plot of land previously designated as a green belt was suddenly being excavated for a massive commercial complex by "Prestige Builders Ltd." The construction work, which continued day and night, caused immense noise and dust pollution, making life difficult for the residents. Mr. Mehra and his neighbours suspected that the necessary permits and environmental clearances had not been obtained legally. They submitted multiple complaints to the Amodhpur Municipal Corporation, but their letters went unanswered. Feeling helpless against the bureaucratic apathy and the powerful construction lobby, Mr. Mehra felt he had hit a wall. He then learned about the Right to Information (RTI) Act, a powerful tool that could help him demand transparency and access the very documents the authorities were hiding.
Advice in such cases
When you suspect wrongdoing or face inaction from a government department, feeling powerless is common. However, the law provides you with tools to seek accountability. The first and most effective step is often to gather official information directly from the source.
- Identify the Public Authority: Determine which government department holds the information you need. In Mr. Mehra's case, it was the Amodhpur Municipal Corporation's Town Planning and Building Permits department.
- Frame Your Questions Clearly: Be specific in what you ask. Instead of asking "Is the construction legal?", ask for copies of specific documents like "the approved building plan," "soil test reports," "environmental clearance certificate," and "minutes of the meeting where the project was approved."
- File the RTI Application: Submit a formal application under the RTI Act, 2005, to the Public Information Officer (PIO) of the concerned department. This can often be done online through the government's RTI portal or physically.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
The primary legislation governing this area is the Right to Information Act, 2005. It empowers citizens to access information under the control of public authorities.
- Section 2(j) of the RTI Act: This section defines the "right to information," which includes the right to inspect works, documents, records; take notes, extracts, or certified copies of documents or records; and obtain information in electronic form.
- Section 6 of the RTI Act: This section outlines the procedure for requesting information. It states that a person who desires to obtain any information shall make a request in writing or through electronic means to the PIO, specifying the particulars of the information sought.
- Section 7 of the RTI Act: This section sets a time limit for the PIO to provide the information. The information must be provided within 30 days of the receipt of the request. If the information concerns the life or liberty of a person, it must be provided within 48 hours.
- Section 8 of the RTI Act: This section lists the categories of information that are exempt from disclosure, such as information that would affect the sovereignty and integrity of India, is forbidden to be published by any court, or involves trade secrets. However, these exemptions are not absolute.
If you are the complainant
As the person filing the RTI (the applicant or complainant), your role is to be precise and persistent.
- Draft a Specific RTI: Your application should be clear and to the point. Ask for specific documents rather than asking open-ended questions. Number your queries for clarity.
- Pay the Fee: Attach the required application fee (usually Rs. 10) in the form of a postal order, court fee stamp, or online payment.
- Follow Up: If you do not receive a response within 30 days, it is considered a "deemed refusal." You have the right to file a First Appeal.
- File the First Appeal: The First Appeal is made to the First Appellate Authority (FAA), an officer senior in rank to the PIO in the same public authority. You must file this appeal within 30 days of the expiry of the response period or from receiving an unsatisfactory reply.
- File a Second Appeal: If you are not satisfied with the FAA's decision, you can file a Second Appeal with the Central Information Commission (CIC) or the State Information Commission (SIC) within 90 days.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
If you are the victim
If you are a victim of government apathy or illegal actions by a third party in connivance with officials, the information obtained through RTI is your primary weapon.
- Analyse the Information: Once you receive the documents, carefully examine them for discrepancies, violations of rules, or signs of malpractice.
- Build Your Case: The information obtained can be used as evidence to support your claims. For example, if the building plan sanctioned by the corporation violates zoning regulations, the certified copy of that plan is crucial evidence.
- Take Further Legal Action: With concrete evidence, you can approach higher authorities, file a complaint with anti-corruption bodies like the Lokayukta, or file a writ petition or a Public Interest Litigation (PIL) in the High Court or Supreme Court to stop the illegal activity and demand action against the errant officials.
- Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
The police do not have a direct role in the RTI process itself. The RTI Act establishes its own independent machinery, comprising the PIO, the FAA, and the Information Commissions. The police do not intervene in matters of information denial or appeals. However, if the information obtained through an RTI application reveals a cognizable criminal offense—such as forgery of documents, corruption (demanding bribes), or criminal conspiracy—then a police complaint or an FIR can be filed based on the evidence procured via RTI. In such a scenario, the police are obligated to register the FIR and investigate the matter as per the procedure laid down in the Bharatiya Nagarik Suraksha Sanhita (BNSS).
FAQs people normally have
- Who can file an RTI? Any citizen of India can file an RTI application. There is no requirement to state the reason for seeking the information.
- Can a government department refuse to give information? Yes, but only under the specific exemptions listed in Section 8 of the RTI Act. They must provide a valid reason for the refusal.
- What is the cost involved? The application fee is typically Rs. 10. For providing the information, the department can charge Rs. 2 for each page of A4/A3 size paper created or copied, and the actual cost for samples, models, or information in electronic format.
- What happens if the PIO provides false or misleading information? The Information Commission can impose a penalty of Rs. 250 per day, up to a maximum of Rs. 25,000, on the PIO for knowingly providing incorrect, incomplete, or misleading information, or for destroying information.
What evidence is required?
To file an RTI application, you do not need to provide any evidence or proof of your claims. You only need to be a citizen of India. The RTI Act is designed to help you gather evidence, not to present it. For subsequent stages like appeals, the evidence you will need includes:
- A copy of your original RTI application.
- Proof of payment of the application fee.
- Proof of delivery of the application (e.g., postal receipt, online confirmation).
- The reply received from the PIO (if any).
- A clear statement of why you are appealing (e.g., information denied, incomplete information, no reply within 30 days).
How long will the investigation take?
The RTI Act provides a clear timeline for the initial stages. The "investigation" in this context refers to the process of getting the information.
- PIO's Reply: The PIO must respond within 30 days.
- First Appeal: The FAA should ideally dispose of the first appeal within 30 to 45 days.
- Second Appeal: There is no statutory time limit for the Information Commission to decide a second appeal. Due to a high volume of cases, it can take several months to over a year for a hearing to be scheduled and a final order to be passed.
Advocate Sudhir Rao, Supreme Court of India