TaxTMI 
TaxTMI 
2015 (9) TMI 1191
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....ner and the learned Standing Counsel for respondent Nos.2 and 3. 2. The petitioner is the General Secretary of the Forum for Better Hyderabad, a Non-Government Organization engaged in taking up several issues of public interest. The petitioner filed an application on 06.06.2007 to the third respondent seeking a copy of the sanctioned plan in respect of the premises No.8-3- 949/1, Ameerpet, Hyderabad under the Right to Information Act, 2005 (for short, the Act). When the petitioner enquired with the third respondent on 07.08.2007, he was informed that the requisite fee of Rs. 10/- was not found along with the application and when he was informed so, the petitioner paid the amount on 07.08.2007 itself. But, the thir....
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.... that the demand of Rs. 44,787/- is ultra vires the provisions of the Act, as the Rules were framed under the provisions of the Act called, the Andhra Pradesh Right to Information (Regulation of Fee and Cost) Rules, 2005 (for short, the Rules), which override the rules under any other enactment. 5. There is no dispute that the petitioner filed an application on 06.06.2007 seeking information of the following: a) Please provide us a copy of the final building permission including approved building plan of each floor, given to the commercial complex located in Ameerpet housing the Big Bazaar Store. b) Please provide us a copy of the Occupancy certificate issued to the same building. c) Please provide us a copy of all....
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....order: Heard both the parties. The Commission after hearing the contentions of both the parties has also perused the G.O.Ms.No.454 issued by GA (I&PR II) Dept., dt.13.10.2005. As per G.O.Ms.No.454 GA (I&PR II) Dept., dt.13.10.2005 under Rule 4(A) priced material is mentioned. It is relevant to mention here Rule 4(B) also which speaks about other than priced material. In view of Rule 4(A) of the said Rules the calculations arrived at by the PIO is according to the departmental fixed priced material and therefore to pay a sum of Rs. 44,787/- as communicated to the appellant herein is correct, which is the printed material. So far the request of the Appellant that the charges as fixed by the PIO are exorbitant ....
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.... (2) If the Central Public Information Officer or State Public Information Officer, as the case may be, fails to give decision on the request for information within the period specified under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall be deemed to have refused the request. (3) Where a decision is taken to provide the information on payment of any further fee representing the cost of providing the information, the Central Public Information Officer or State Public Information Officer, as the case may be, shall send an intimation to the person making the request, giving- (a) the details of further fees representing the cost of providing the information as dete....
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....anding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1). (7) Before taking any decision under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall take into consideration the representation made by a third party under Section 11. (8) Where a request has been rejected under sub-section (1), the Central Public Information Officer or State Public Information Officer, as the case may be, shall communicate to the person making the request,- (i) the reasons for such rejection; (ii) the period with....
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....loppy or 1.44 MB; (b) rupees one hundred for CD of 700 MB; and (c) rupees two hundred for CD (DVD); (v) Samples and models actual cost thereof; (vi) for inspection of records, no fee for the first hour; and a fee of Rupees Five for each subsequent hour (or fraction thereof); (vii) Material to be sent by post the actual postal charges in addition to the charge payable as per these rules. 10. The priced material is indicated as publications printed matter, text, maps, plans, floppies, CDs, samples, models or material in any other form, which are priced, the sale price thereof. A building plan of a particular premises is not open for sale and it is not priced. Hence, it cannot be called as a priced materia....