{"id":150122,"date":"2008-08-07T00:00:00","date_gmt":"2008-08-06T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/shri-ishwar-lal-vs-ministry-of-defence-mod-on-7-august-2008"},"modified":"2016-11-22T17:19:45","modified_gmt":"2016-11-22T11:49:45","slug":"shri-ishwar-lal-vs-ministry-of-defence-mod-on-7-august-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/shri-ishwar-lal-vs-ministry-of-defence-mod-on-7-august-2008","title":{"rendered":"Shri Ishwar Lal vs Ministry Of Defence (Mod) on 7 August, 2008"},"content":{"rendered":"
Central Information Commission<\/div>\n
Shri Ishwar Lal vs Ministry Of Defence (Mod) on 7 August, 2008<\/div>\n
                         CENTRAL INFORMATION COMMISSION\n                           Appeal No.CIC\/WB\/A\/2008\/00258 dated 8.1.2008\n                             Right to Information Act 2005 - Section 19\n\nAppellant        -          Shri Ishwar Lal\nRespondent           -      Ministry of Defence (MoD)\n\n\nFacts<\/pre>\n
:\n<\/p>\n
     By an application of 24.7.07 Shri Ishwar Lal of Rohtak applied to the PIO
\nArmy Welfare Housing Organization, (AWHO) seeking the following information:\n<\/p>\n
         “(A)   Copies of certificates of Registration pre and since 1979
\n                from Registrar of societies, Delhi & others;\n<\/p><\/blockquote>\n
         (B)    How many Type-II house\/ flats were originally planned and
\n                actually constructed\/ made available in SOM VIHAR, R. K.
\n                Puram, New Delhi and if none then why- elucidate reasons
\n                along with copies of supporting documents.\n<\/p><\/blockquote>\n
         (C)    Details\/ dates of actual purchase, payments made, taken
\n                over physical possession of lands in Delhi and NOIDA
\n                including one upon flat 1656\/37\/Noida is situated and area-
\n                wise clear title\/ deed transferred to AWHO of copies.\n<\/p><\/blockquote>\n
         (D)    In terms of Master Brochure March 1979 clause-20 what
\n                was the gap period between the stages (A)and (b) onwards
\n                (C) and (D);\n<\/p><\/blockquote>\n
         (E)    Date of originally planned as well as actually
\n                commencement of construction and copies of completion
\n                certificates regarding internal\/ external developments
\n                including roads, sewer, water, drainage, electrification and
\n                all agreed amenities\/ facilities besides handing over of
\n                physical possession of flats incl 1656\/37\/Nodia.\n<\/p><\/blockquote>\n
         (F)    Copies of yearly comprehensive statements from 1979 to
\n                1986 containing detailed approximate Estimates and costs of
\n                Type-II houses\/ flats at Delhi and NOIDA incl 1656\/37\/Noida,
\n                AWHO arrived at & revised\/ finalised.\n<\/p><\/blockquote>\n
         (G)    Copies of Accounts justifying the amount figures (i) Rs.\n<\/p><\/blockquote>\n
                5.382 crores hand been realised\/ received in excess (ii) Rs.
\n                4770\/- proportionally refunded to A\/c;\n<\/p><\/blockquote>\n
                                               1<\/span><\/p>\n
       (H)    Detailed reasons and authorities (with copies) under which
\n             AWHO refunded to HDFC on 24.8.87 Rs. 24,000\/- as loan’s
\n             principle and on 31.8.87 Rs. 16963.57 as intt. Debated to
\n             member’s a\/c while PEMIs\/ EMIS Rs. 18417.32 up to Aug
\n             1988 paid to HDFC by the member;\n<\/p><\/blockquote>\n
      (I)    Copies of comprehensive statement of accounts relating to
\n             Flat No. 1656\/37\/Noida showing its final cost after all
\n             adjustments including refund of excess realised as on (i)
\n             Date of completion originally planned (ii) Date of actual
\n             completion (made fit for occupation) (iii) on 2.8.85 when last
\n             payment made by member (iv) on 24\/31-8-87 (v) balance
\n             amount with AWHO as on date;\n<\/p><\/blockquote>\n
      (J)    Now Hon’ble Justice D. P. Wadhwa after retirement from the
\n             Supreme Court and before re-appointment as President of
\n             National Commission and AWHO came into contact with
\n             each other with copies of documents justifying the media
\n             sources and purposes of contact;\n<\/p><\/blockquote>\n
      (K)    What were the various assignments\/ appointments, AWHO
\n             offered and Hon’ble Justice Wadhwa accepted including
\n             details of AWHO’s cases dealt with and decided by Justice
\n             Wadhwa and consideration paid by AWHO for that;\n<\/p><\/blockquote>\n
      (L)    During Justice Wadhwa’s tenure as Supreme Court Judge
\n             and President of National Commission, how many cases
\n             were instituted (xyz v. AWHO v. XYZ) Together with copies
\n             of operative part of orders\/ Judgments;\n<\/p><\/blockquote>\n
      (M)    Details of Properties (residential\/ Commercial) were allotted\/
\n             given by AWHO to Mr. Justice Wadhwa including his friends,
\n             relatives, known persons and details of consideration\/
\n             payment received by AWHO;\n<\/p><\/blockquote>\n
      (N)    Out of AWHO’s projects, how many Non-Defence Personnel
\n             including HDFC staff got allotment\/ possession of flats\/
\n             houses and plots\/ shops with complete postal addresses of
\n             properties as well as allottees\/ beneficiaries?”<\/p><\/blockquote>\n
     Upon this, he received a response of 31.7.07 from Col. A. K. Uppal,
\nSecretary, AWHO on behalf of Managing Director stating that the RTI Act 2005 is
\nnot applicable to AWHO. Aggrieved, Shri Ishwar Lal moved his first appeal
\nbefore the Adjutant General on 31.8.07. This was dismissed on 9.10.07 by the<\/p>\n
                                       2<\/span>
\n order of Maj. General O. C. Suneja First Appellate Authority with an order that
\nconcluded as follows:\n<\/p>\n
      “AND NOW THEREFORE, having considered the appeal in its
\n      entirety and having personally perused and verified the authenticity
\n      of documents and information required to be furnished, I find that
\n      the AWHO is an autonomous body registered under the Societies
\n      Registration Act XXI of 1860 and does not come under the purview
\n      of Right to Information Act, 2005. AWHO is not obliged to disclose
\n      the information requested by the appellant vide his application
\n      dated 24th July 2007 and appeal dated 31st Aug 2007 as AWHO is
\n      not a public authority, within the meaning of Section 2 (h) of RTI Act
\n      and in the absence of any enabling provision of any law for the time
\n      being in force, no direction can be issued to AWHO to disclose any
\n      information concerning AWHO under Section 2 (F) of the Right to
\n      Information Act, 2005.”<\/p><\/blockquote>\n
     Shri Ishwar Lal has then moved a second appeal before us with the
\nfollowing prayer:\n<\/p>\n
      “PRAYER: In view of aforementioned facts and circumstances
\n      of case the appellant most respectfully prays that:-\n<\/p><\/blockquote>\n
      (a) The appeal is admitted and allowed;\n<\/p><\/blockquote>\n
      (b) The contents of application (Annexure J) as well as 1st
\n          appeal (Annexure K) be deemed part and read along with
\n          this 2nd appeal.\n<\/p><\/blockquote>\n
      (c) Respondent-2 refusal letter dated 31.7.07 (Annexure B) as
\n          well as respondent-1 Order dated 9.10.07 (Annex A) be
\n          declared as illegal and arbitrary and quashed accordingly:\n<\/p><\/blockquote>\n
      (d) Respodnent-2 society\/ AWHO be directed to provide all the
\n          requisite information\/ documents as listed in application
\n          dated 24.7.07 (Annexure J);\n<\/p><\/blockquote>\n
      (e) Cost of appeal and litigation expenses\/ compensation be
\n          allowed. Any other relief as deemed fit & proper for
\n          meeting the ends of justice may also be allowed.”\n<\/p><\/blockquote>\n
     In response to our appeal notice, we received the following from Col. R. K.\n<\/p><\/blockquote>\n
Sabharwal Secretary, AWHO dated 14.7.08:\n<\/p>\n
                                        3<\/span><\/p>\n
           “Your kind attention is drawn to Para 2 of your decision notice
\n          dated 29 Jan 2007, in the case of Group Captain M. Kapoor,
\n          File No. CIC\/AT\/A\/2006\/00123. 1 It clearly states that in the
\n          absence of an explicit legal provision, the AWHO will be under no
\n          obligation to part with any information concerning itself to the Army
\n          Headquarters or its CPIO to access information concerning AWHO,
\n          any direction by the Commission will be legally untenable.”<\/p><\/blockquote>\n
         We have also received a response from Maj. Manisha Gahlot, GSO-1 Legal
\nArmy Headquarters in which she has addressed the processing of the RTI
\napplication.\n<\/p>\n
The appeal was heard on 7.8.08. The following are present:\n<\/p>\n
          Appellant
\n                Shri Ishwar Lal
\n          Respondents
\n                Maj. Manisha Gahlot, GSO-1 (Legal), RTI Cell.
\n                Col R. K. Sabharwal, Secy, AWHO.\n<\/p><\/blockquote>\n
                Shri A. K. Tiwari, Legal Counsel, AWHO.\n<\/p><\/blockquote>\n
                Shri R. B. Prasad, AWHO.<\/p><\/blockquote>\n
         The key issue before us is whether AWHO is a public Authority. Appellant
\nShri Ishwar Lal invited our attention to paras 5, 6 & 7 of his First Appeal made to
\nthe Adjutant General stating as below:\n<\/p>\n
5. “Further on the subject, AG’s Branch letter No. A\/06151\/AG Coord dated 30
\n     April 79 para-19 reads: “A Directorate under the Aegis of Adjutant General,
\n     AHQ, New Delhi has been set up Army Welfare Housing Organization
\n     (AWHO)<\/p>\n
6. AWHO Master Brochure March’79 clause-1 reads: “AWHO is a registered
\n     society with Registrar of Societies, Delhi, under the societies Act XXI of 1860
\n     with its head office at Delhi as part of Adjutant General’s Branch, Army HQ,
\n     New Delhi-11.\n<\/p>\n
1<\/span><\/p>\n
    Emphasis ours<\/p>\n
                                           4<\/span>\n<\/p>\n
 7. AWHO has self stated more than once in routine correspondence, New Letters
\n  that AWHO is an Autonomous body works and running on funds not only
\n  contributed by its members but also substantially aided by the Govt (Def Army)
\n  besides the borrowed money from Public Sector Banks & Fin. Institutions. It
\n  has been housed on Defence Land\/ premises and is being controlled and
\n  channelised by the Uniformed Army Officers, JCOs\/ Ors hence AWHO is a
\n  Public Authority\/ Body well within preview of Right to Information Act.”\n<\/p>\n
      On this basis, he has contended that the AWHO is fully under the control of
\nAdjutant General and is, therefore, a public authority. Col. R. K. Sabharwal,
\nSecretary, AWHO on the other hand in his written submission, a copy of which
\nwas handed over to appellant in the hearing, has examined the whole issue with
\nregard to allotment of a flat to Shri Ishwar Lal and has accused him of dishonest
\nand malafide intentions but having discussed the merits of Shri Ishwar Lal’s case,
\nhas concluded as follows:\n<\/p>\n
       “The present appeal against the replying respondent is not
\n       maintainable for the want of jurisdiction and, therefore, deserves to
\n       be dismissed.”<\/p><\/blockquote>\n
      In Full Bench Decision of this Commission dated 29.1.07 in File No.
\nCIC\/AT\/A\/2006\/00123 Grp. Capt. M Kapoor vs. Army HQ, our decision was as
\nfollows:\n<\/p>\n
       “The Commission has heard the averments of both the parties
\n       concerned. The thrust of the appeal is to obtain information
\n       regarding sale of Modern Apartments at the Bhopal Project. In view
\n       of the facts and submissions presented before us, it is clear that
\n       even the inclusive definition of the term “public authority” under
\n       Section 2(h) of the RTI Act, 2005 cannot bring AWHO within its
\n       fold, as it is not a body either owned or controlled or substantially
\n       financed by the Government. It has not been setup by an Act or
\n       indeed an official Notification. The contention of the appellant that
\n       the application for registration under the Societies Registration Act,
\n       1860 was made by the Army Headquarters before the Registrar of
\n       Societies is not substantiated by the facts on record. It appears that
\n       the applicants who have applied for registration of the Society have
\n       applied in their individual names forming a private group and not in
\n       their official capacity although while making the application, they<\/p>\n
                                         5<\/span>
\n            were in active service. The Regulations of the Organization do not
\n           depict any ‘say’ or ‘control’ of either the Government or of the Army
\n           Headquarters. From the Rules under the Memorandum it appears
\n           that even dissolution of the organization can take place by a
\n           resolution passed by the Board of Management by 3\/5th majority of
\n           its members in a specially convened meeting for the purpose.
\n           Insofar as funding is concerned, “the self-financing basis” of the
\n           AWHO is not disputed.\n<\/p><\/blockquote>\n
           2. The next question that needs to be determined is as to whether
\n           any information concerning the AWHO can be accessed by the
\n           Army Headquarters or by its CPIO under Section 2(f) of the Right to
\n           Information Act. Section 2(f) includes any information concerning a
\n           private body which can be accessed by a public authority under any
\n           other law for the time being in force. The question, therefore, arises
\n           as to whether the CPIO of the Army Headquarters can call for or
\n           ask any information from the AWHO under any law. For example,
\n           the Registrar of Cooperatives Societies, NCT Delhi is entitled to call
\n           for certain information from any society registered under the Delhi
\n           Cooperative Societies Registration Act in exercise of the powers so
\n           conferred on him under the said Act. But no legal provision has
\n           been presented before us which enables the Army Headquarters or
\n           its CPIO to call for or access any information held by AWHO. In the
\n           absence of an explicit legal provision the AWHO will be under no
\n           obligation to part with any information concerning itself to the Army
\n           Headquarters if it so desires. Since there is no enabling provision
\n           authorizing the Army Headquarters or its CPIO to access
\n           information concerning AWHO, any direction by the Commission
\n           will be legally untenable.\n<\/p><\/blockquote>\n
           3. The Commission, therefore, holds that the AWHO is not a
\n           ‘public authority’ within the meaning of Section 2(h) of the RTI
\n           Act and in the absence of any enabling provision of any law
\n           for the time being in force, no directions can be issued to the
\n           CPIO of the Army Headquarters to call for any information
\n           concerning AWHO under Section 2(f) of the RTI Act.2 However,
\n           if there is some information available with the CPIO or with the
\n           Army Headquarters, the same shall certainly be made available by
\n           the concerned CPIO u\/s 2(j) of the Act. That the Adjutant
\n           General’s Branch of the Indian Army can access the
\n           information pertaining to AWHO was admitted by CPIO in
\n           answer to a direct question in the hearing. The appellant may
\n           also seek information concerning AWHO through the Registrar of
\n           Societies by filing a fresh application under the RTI Act provided
\n           such information is legally accessible to the Registrar under the
\n2<\/span>
\n    Emphasis I present quote ours<\/p>\n
                                             6<\/span>
\n        Societies Registration Act cited above, concerning AWHO. The
\n       appellant has the right u\/s 2(j) to seek any information available
\n       with the Army Headquarters and the concerned CPIO will be
\n       obliged to provide all available information in their custody.”<\/p><\/blockquote>\n
       From the above, it is quite clear that we have already held in the Full
\nBench that the AWHO is not a public authority, but have pointed to certain areas
\nwhere information held by Government regarding such a Society will be
\naccessible to an applicant under the RTI Act.\n<\/p>\n
                                 DECISION NOTICE<\/p>\n
      Because the AWHO is an organization that is not a public authority, they
\ncannot now be asked by us to provide the information sought by appellant Shri
\nIshwar Lal. Since this appeal is directly aimed at obtaining such information, we
\nfind it unsustainable and it is, therefore, dismissed. This will not preclude
\nappellant Shri Ishwar Lal for applying afresh to Adjutant General’s Office to
\nobtain copies of information, as is held by that office u\/s 2(j).\n<\/p>\n
Announced in the hearing. Notice of this decision be given free of cost to the
\nparties.\n<\/p>\n
(Wajahat Habibullah)
\nChief Information Commissioner
\n7.8.2008<\/p>\n
Authenticated true copy. Additional copies of orders shall be supplied against
\napplication and payment of the charges, prescribed under the Act, to the CPIO
\nof this Commission.\n<\/p>\n
(Pankaj Shreyaskar)
\nJoint Registrar
\n7.8.2008<\/p>\n
                                           7<\/span>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Central Information Commission Shri Ishwar Lal vs Ministry Of Defence (Mod) on 7 August, 2008 CENTRAL INFORMATION COMMISSION Appeal No.CIC\/WB\/A\/2008\/00258 dated 8.1.2008 Right to Information Act 2005 – Section 19 Appellant – Shri Ishwar Lal Respondent – Ministry of Defence (MoD) Facts : By an application of 24.7.07 Shri Ishwar Lal of Rohtak applied to […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[39,1],"tags":[],"class_list":["post-150122","post","type-post","status-publish","format-standard","hentry","category-central-information-commission","category-judgements"],"yoast_head":"\nShri Ishwar Lal vs Ministry Of Defence (Mod) on 7 August, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/shri-ishwar-lal-vs-ministry-of-defence-mod-on-7-august-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Shri Ishwar Lal vs Ministry Of Defence (Mod) on 7 August, 2008 - 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