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Supreme Court of India 2018-09-27 dismissed

Ferani Hotels Pvt. Ltd vs State Information Commissioner Greater Mumbai & Ors

Bench: 2 — Sanjay Kishan Kaul

In Brief

A property administrator sought disclosure of development plans and building proposals submitted by a developer to the Municipal Corporation under the Right to Information Act. The developer claimed exemption on grounds of trade secrets, commercial confidence, intellectual property, and private interest. The Supreme Court held that development plans required to be displayed under real estate legislation are part of public record and must be disclosed. Exemptions for trade secrets and copyright do not apply because certification of copies does not infringe copyright under the Copyright Act. The Court rejected the developer's argument that delegating authority via Power of Attorney precludes the owner from accessing information. The appeal was dismissed as a legal misadventure driven by private commercial dispute rather than legitimate information secrecy.

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Right to Information Act, 2005 Access to Information Transparency and Accountability Public Interest Disclosure Trade Secrets and Commercial Confidence Intellectual Property Rights Copyright Real Estate Regulation RERA Third Party Information Exemptions from Disclosure Public Authority Development Plans Maharashtra Property Law Administrative Law

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