ORDER
1. The appellant had filed an application dated January 14, 2022 (received by the respondent through RTI MIS Portal) under the Right to Information Act, 2005 ("RTI Act"). The respondent, by a letter dated February 11, 2022, responded to the application filed by the appellant. The appellant filed an appeal dated February 13, 2022, against the said response dated February 11, 2022. I have carefully considered the application, the response and the appeal and find that the matter can be decided based on the material available on record.
2. Queries in the application -The appellant, vide his application dated January 14, 2022, sought the following information with reference to CONMT. PET.(C) Nos.412 & 413/2012 In C.A. Nos.9813 & 9833/2011AndC.P.(C) No.260/2013 In C.A. No.8643/2012- S.E.B.I. vs. Sahara India Real Estate Corpn. Ltd. & Ors.:
1. As per the order dated Feb 06 -2017, on the hearing on Feb 28, 2017 kindly provide the List of Cities in the PART B submitted by SEBI of Sahara Properties with the prayer of Encumbrance free from Provisional Income tax attachment.
2. Whether Salem -Tamil Nadu was on the list of cities to be encumbrance free
3. Any Letter to Sub registrar -Salem / Inspector General of Registration Department, Tamil Nadu regarding the above order.
3. The respondent, in response to the aforesaid queries, informed that the various litigations in the matter of Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing Investment Corporation Limited (SHICL) are pending before the Hon'ble Supreme Court. Accordingly, the information sought is exempted in terms of section 8(1)(h) of the RTI Act, 2005.
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4. Ground of appeal- The appellant has filed the appeal on the ground that access to the requested information was refused. The appellant, in his appeal, reiterated the queries raised in his application.
5. I have perused the queries and the response provided thereto. I note that the requested information has been denied on the ground that the matter is sub-judice before the Hon'ble Supreme Court. Further, the respondent has denied the information under Section 8(1)(h) of the RTI Act. I note that the respondent has not explained how the disclosure of the requested information would impede the process of investigation or apprehension or prosecution of offenders.
6. Considering the above observations, I remit the matter to the respondent for de novo consideration of the application dated January 14, 2022, and to send appropriate response to the appellant in terms of RTI Act, within 15 working days from the date of receipt of this order.
7. The Appeal is accordingly disposed of.
Place: Mumbai ANAND BAIWAR
Date: March 14, 2022 APPELLATE AUTHORITY UNDER THE RTI ACT
SECURITIES AND EXCHANGE BOARD OF INDIA
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