Cracking the Cloak: “Citizen Fights Maharashtra Info Chief’s Gag on Building Plans”

In 2013, the then Maharashtra State Information Commissioner, Shri Ratnakar Gaikwad, issued a controversial circular that drew sharp criticism for its restrictive approach toward transparency in real estate projects. The circular, dated 26 September 2013, invoked powers under Sections 19(8)(c) and 25(c) of the RTI Act, 2005, and imposed significant curbs on the disclosure of building plans.

The directive prohibited municipal corporations and municipalities across Maharashtra from disclosing building plans or related documents for public buildings, including government offices, hotels, hospitals, malls, IT hubs, and other commercial properties. Even for private buildings, the circular declared that interior plans could only be accessed if the applicant proved a clear public interest.

Public Spirited Citizen Takes a Stand

Outraged by the arbitrary restrictions, a concerned citizen sought the expertise of Advocate Aditya Pratap to challenge the circular. The case took the form of a writ petition filed under Article 226 of the Constitution of India, seeking redress in the Bombay High Court.

The petition argued that the circular not only undermined transparency but also conflicted with the foundational principles of the RTI Act, which aims to empower citizens with access to information. The petition called for the circular to be quashed and sought directions to make building plans publicly accessible on municipal and planning authority websites across Maharashtra.

The Architects Fight Back

The case also stirred opposition, as the Practicing Engineers, Architects, and Town Planners Association (PEATA) filed an intervention application opposing the reliefs sought. This pushback underscored the complexities of balancing transparency with professional and privacy concerns.

Reliefs Sought in Court

When the writ petition came up for hearing on 7 December 2023, before a Division Bench of the Hon’ble Bombay High Court, comprising Justices Shri VM Kanade and another Hon’ble Justice, it made bold prayers:

• Strike Down the Circular: Request to quash the Maharashtra State Information Commissioner’s circular.
• Stay Its Operation: Interim relief to suspend the circular pending the final decision.
• Mandate Transparency: Direct urban development authorities and municipalities to upload building plans online.
• Additional Reliefs: Any other measures deemed necessary to uphold justice.

The Stakes Ahead

This high-stakes legal battle not only challenges the validity of a controversial government directive but also raises critical questions about the balance between privacy, professional interests, and the public’s right to information. As the Bombay High Court deliberates, the case could set a precedent for transparency in urban development across India.