BENGALURU: As the Right to Information (RTI) Act marks 21 years, a case from Bengaluru highlights the law’s continued role in correcting administrative errors and protecting citizens from wrongful official action.
An 83-year-old widow, Theresa Xavier, used the Act to challenge an order issued by a local tahsildar that sought to auction four flats belonging to her family to recover dues arising from a dispute involving a builder. The properties are estimated to be worth around Rs 3.76 crore, based on a guidance value of Rs 7,600 per sqft.
Auction notices had been pasted on the doors of the flats for recovery of Rs 56.81 lakh, along with interest. The recovery proceedings stemmed from a RERA complaint filed by flat buyers against the builder for allegedly failing to obtain an occupancy certificate and complete promised amenities.
On June 10, Theresa Xavier, the land owner, filed an RTI application seeking details of the order, the basis for the proposed auction, the official guidance value and particulars of the properties identified for recovery. She alleged that her family’s flats had been attached instead of those belonging to the builder.
In a reply issued on June 19, authorities informed her that the original order dated May 20 had been amended. The revised order identified three flats belonging to the builder for auction, instead of the four flats owned by Xavier’s family.
Xavier said she had been engaged in a long-running dispute with the builder and alleged that she had been left with incomplete flats. Sheclaimed that she had spent substantial amounts to complete most of the units, while one flat remains unfinished.
She said RTI helped her obtain documents and secure corrective action without approaching the high court, which would have involvedadditional costs and time. The case comes amid continuing debate over the implementation of the RTI Act nationwide.
According to an analysis of the CentralInformation Commission’s annual report for 2024-25 by Commonwealth Human Rights Initiative Director Venkatesh Nayak, RTI applications received by Union government authorities increased 2.52% during the year. Excluding Union Territories, the increase stood at 1.26%.
The volume of RTI applications has grown 34% since Covid outbreak during 2020-21. The Ministry of Corporate Affairs received the highest number of applications (2.54 lakh), overtaking the Ministry of Finance (2.20 lakh). The top five ministries accounted for more than 51% of all RTI applications.
The analysis flagged concerns over compliance and transparency. While the CIC reported 100% reporting by 2,303 public authorities, the RTI Online Portal lists 2,914 registered entities. The number of RTI applications disposed of declined by 3.46% to 13.81 lakh.
The rejection rate remained around 3%, while first appeals increased, indicating dissatisfaction among applicants. Disposal rates of first appeals remained low in several institutions, including the Supreme Court, Election Commission of India and the Comptroller and Auditor General. Nearly 40% of first appeals remained pending.
Nayak urged CIC to move beyond statistical reporting and undertake performance audits, document best practices and recommend reforms to strengthen transparency and accountability more than two decades after RTI Act came into force.