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Right to Information LawSupreme Court of India

Ferani Hotels Pvt. Ltd. v. The State Information Commissioner Greater Mumbai And Ors.

Civil Appeal · 2018 INSC 904Decided 27 Sept 2018
Civil Appeal Nos. 9064-9065 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

A development agreement and power of attorney let Ferani Hotels develop three Mumbai plots owned by the estate of late E.F. Dinshaw, administered by Nusli Wadia; disputes later arose between them and spilled into separate civil litigation. Amid that private dispute, Wadia (as administrator) filed an RTI request with the Municipal Corporation of Greater Mumbai seeking copies of the building plans, layouts, and development plans Ferani had submitted for official sanction. The Public Information Officer refused, citing commercial confidence and copyright, but the State Chief Information Commissioner and then the Bombay High Court both ordered disclosure, holding the plans were public records tied to a public-interest construction project. Ferani appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that building plans and layouts submitted to a public authority (the Municipal Corporation) for sanction become part of the public record once approved, and are not shielded as "commercial confidence" or "trade secrets" under Section 8(1)(d) of the RTI Act, nor as "personal information" under Section 8(1)(j). The Court reasoned that disclosure serves the larger public interest since flat purchasers and the public need access to sanctioned development plans, a position reinforced by disclosure obligations under the Maharashtra Ownership Flats Act and the newer RERA. It rejected Ferani's argument that the dispute's private/commercial origin should bar disclosure, calling the appeal a "legal misadventure" driven by a personal vendetta rather than any genuine objection to disclosure. The Court dismissed the appeal and separately directed that, going forward, developers should display sanctioned plans at the construction site itself, in keeping with RERA's transparency objectives.

Lesson Learnt

Documents a private developer submits to a government authority for official sanction (like building plans) become public records once approved, and ordinarily must be disclosed under the RTI Act even if the request is intertwined with a private commercial dispute between the parties: mere inconvenience to one side is not a valid ground to withhold public records.

Ferani Hotels Pvt. Ltd. v. The State Information Commissioner Greater Mumbai And Ors. – Legal Case Shots | LegalAware