Irfan Tramboo
SRINAGAR, Feb 23: Authorities in Kupwara, north Kashmir, are reportedly breaching the Right to Information (RTI) Act as well as directives from the Chief Information Commission (CIC) by denying access to land record details not found on the J&K land records portal.
An RTI application was submitted requesting mutation details for land transactions in Bowan and Watsar villages along the Handwara-Bangus Road from the Tehsildar of Zachaldara.
The request was turned down on the grounds that the information is classified as “personal and third-party data.”
The applicant, Rasikh Rasool, a lawyer by profession, stated that his application was dismissed under Sections 8 and 11 of the RTI Act 2005, which pertains to the protection of personal and third-party data.
Despite this, he highlighted that transparency in land records is a requirement prescribed by Section 4(1)(B) of the RTI Act and the Public Records Act of 1993.
He referenced a significant ruling by the CIC from 29/12/2014 in case No. CIC/SA/A/2014/000462, affirming that land records are public information and cannot be withheld under the RTI Act 2005.
The RTI application requested comprehensive details of land records, covering buyers and sellers’ addresses, seller transferees, gift deeds, and other pertinent information from 2016 to the current date.
This request specifically focused on land located within 2 km on either side of the Handwara-Bangus Road, under the oversight of the R&B Division in Bowan and Watsar villages of Zachaldara Tehsil.
“This is alarming and stands as a direct challenge to legal norms, as well as to principles of transparency and accountability,” he remarked.
“Land records do not fall under personal or third-party information according to the RTI Act 2005. It is the responsibility of the Revenue Department to make all updated land records accessible to the public,” he further commented.
“The requested information involves third parties, thus their consent was solicited under Section 11(1) of the RTI Act, 2005. The individuals concerned have explicitly refused to provide the requested information,” noted the Tehsildar’s response.
Additionally, the reply stated that, due to their refusal regarding the disclosure of personal information and pursuant to Section 8(1)(j) of the RTI Act, 2005, which permits non-disclosure of personal information that could lead to an undue invasion of privacy and does not serve a greater public interest, the application is hereby denied.”
It is noteworthy that the 2014 CIC order specified that records containing the names of various owners, boundary details, and the extent of land held by public authorities are neither classified as private nor third-party information.
“There exists a digital land records portal in J&K meant for public use, but it has not been updated in two years. This prompted me to file the RTI application to obtain the needed information,” stated the applicant.
The authorities’ response, however, mentioned: “Should you prove that the disclosure of this information is essential for the public interest, particularly in relation to enhancing transparency and accountability, the request may be reconsidered for disclosure after further evaluation.”
