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Saturday, 30 June 2012

RTI on Breach Candy Swimming Bath Trust Mumbai

Parked on land that belongs to the Government of India, bigger than Adarsh scam? Let's find out . . .



To:-- The CPIO under the RTI Act of India, or incumbent thereof,  The Breach Candy Swimming Bath Trust, :Bhulabhai Desai Road, Breach Candy , Mumbai (Bombay) , Maharashtra , 400036

dtd: 30th June 2012

Greetings & Jai Hind!!  Most humbly request information under the RTI Act of India, 2005,  please provide me with the following information. THIS INFORMATION IS SOUGHT by me, an Indian Citizen, ALSO IN THE PUBLIC INTEREST, this RTI Application shall be mounted on the public domain, AND THERE IS OVER-RIDING PARAMOUNT LARGER PUBLIC INTEREST TO BE GIVEN THE INFORMATION I HAVE ASKED FOR. In this context, please also read the following decision from the office of the Central Information Commission, which has relevance to this RTI query.
http://www.rti.india.gov.in/cic_decisions/CIC_SM_C_2011_001480_M_77243.pdf

http://indiankanoon.org/doc/1724004/

Quote- "'. . . in order to understand the various points urged before us it is necessary to look at the history of this institution and how it came to be set up.  It seems that a trust deed was executed on 3-2-1876, between the Secretary of State for India in Council and the Municipal Corporation of the City of Bombay, by which deed the Municipality was given a plot of land on the foreshore at Breach Candy in Bombay and the object of the trust was the construction and maintenance of a salt water swimming bath for the use and benefit of European public of Bombay. The Municipality carried on this trust for some time and a salt water swimming bath was erected.""

In other words, the submission here is that the Breach Candy Swimming Bath Trust is a Public Authority by virtue of it having being substantially financed as defined by the RTI Act of India as well as being on land which belongs to the Government of India. I may therefore kindly be provided the information sought under the RTI Act of India.


INFORMATION REQUIRED:-


a) Please provide me with full and precise information on  rules, regulations and byelaws of your Public Authority, the Breach Candy Swimming Bath Trust.

b) Please provide me with full and precise information on terms and conditions of lease with the Bombay Municipal Corporation, or any other body, from inception to-date.

c) Please provide me with full and precise information on adherence in selection of members at your Public Authority to reservations, if any, for people from SC/ST and EWS.

d) Please provide me with full and precise information on "substantially financed" as defined by the RTI Act of India, to your Public Authority, since inception.

e) If any of the above said statutory records are not available, the complete details of how it was destroyed / weeded out in each case..

f) Electronic access to the catalogue (or catalogues) of all records of your public authority duly indexed in a manner and the form to facilitate right to information, either over the computer networks or in the form of a diskette or other electronic media at the prescribed fees.

Sent by eMail and signed hard copy, self-verified as citizen of India, (signed) and humbly submitted,



from:- Veeresh Malik, D-61, Defence Colony, New Delhi -110024 mobile 0-99118-25500

Note 1:-Application fee of Rs. 10/- in cash shall be submitted within 30 days as per procedure laid down by DoP&T at PIO, Breach Candy Swimming Bath Trust, Mumbai, or at any one of the nominated APIOs located at the specified Post Offices in India, and a copy of this application along with receipt shall be sent to you co-terminus. Interim, you are requested to commence processing this RTI Application as per the RTI Act-2005 with effect from date of submission of this electronic copy, also as per the RTI Act-2005.

Note 2:- The public authority, Breach Candy Swimming Bath Trust, Mumbai, has not yet published their arrangements to accept / accompany electronic payments for e-filings as per section 6 of the Information Technology Act 2000, is requested to do same, - and hence I am constrained to go to extra expense / trouble to file a routine email request by Postal Department also.

Note 3:- I wish to specify that you may please not provide to me that information (or particular portion thereof) which would impede the prosecution of offenders under any law of India, and also any personal information which is unconnected with any public activity/interest or which invades the privacy of any person. THIS INFORMATION IS ALSO SOUGHT IN THE LARGER PUBLIC INTEREST, AND THERE IS OVER-RIDING PARAMOUNT LARGER PUBLIC INTEREST TO BE GIVEN THE INFORMATION I HAVE ASKED FOR.

Noe 4:- Humbly also submitted that section 8(2) of RTI Act clearly mentions that “A public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests”. In present case even section 8(1)(j) is applicable for the information sought. Also it leaves no scope to invoke section 11 of RTI Act for seeking ‘third party’ comments. However since various CIC-verdicts allow protection in form of hiding certain information likely to be misused, bank-details etc in the sought information may be hided by putting a whitener on the relevant portions of the documents to be provided.  In case RTI petition relates to some other public-authority, please transfer this RTI petition to CPIO there under section 6(3) of RTI Act.

(Postal-order number __________________ _______________ for rupees ten is enclosed with signed hard-copy towards RTI fees in name of “Accounts  Officer” as per DoPT circular-number No.F.10/9/2008-IR dated 05.12.2008.)

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