Court overturns costs order in RTI Act application due to impossibility, citing lex non cogit ad impossibilia principle.

The court set aside the order imposing costs of &8377; 2,000 on the appellants in an application under Section 6 of the Right to Information Act, 2005. The court found the application vague and impossible for the appellants to comply with within the 30-day period. It invoked the principle of lex non cogit ad impossibilia, stating that the law does not compel a person to do the impossible. As a result, the costs were deemed unjustified, and the letters patent appeal was allowed with costs.

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Issues involved: Application u/s 6 of Right to Information Act, 2005 seeking information, delay in supplying information, imposition of costs on appellants, misuse of provisions of the Act.

Application u/s 6 of Right to Information Act: The respondent filed an application seeking information from the Public Information Officer and the Deputy Commissioner of Transport, Mumbai. The desired information was not supplied within the prescribed 30-day period, leading to appeals and a writ petition challenging the order of the State Information Commissioner. The learned Single Judge directed the appellants to furnish the information free of costs within ten days and imposed costs of &8377; 2,000 on the appellants.

Delay in supplying information: The appellants argued that it was humanly impossible to provide the extensive information of 3419 pages within the 30-day period. The learned Assistant Government Pleader contended that the law does not compel a party to do the impossible and highlighted that the letter asking the respondent to pay for the information was issued the day after the 30-day deadline. The respondent, however, emphasized the necessity for timely information supply under the Act and sought a penalty of &8377; 25,000 on the appellants.

Imposition of costs: The respondent's application under Section 6 of the Act was deemed to be filed with a mala fide intention, seeking general and extensive information on various matters. The Court found the application vague and concluded that it was impossible for the appellants to supply the requested information within 30 days. The Court held that the costs imposed on the appellants were not justified, invoking the principle of lex non cogit ad impossibilia, which states that the law does not compel a person to do the impossible. Consequently, the order imposing costs of &8377; 2,000 on the appellants was set aside, and the letters patent appeal was allowed with costs.

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