Kerala High Court: Approved building plan is public information under RTI

The Kerala High Court has ruled that a building plan approved by a local body does not constitute 'personal information' under the Right to Information Act and can be disclosed to an RTI applicant. Justice Murali Purushothaman held that once a plan is approved by the Panchayat Secretary, it becomes part of the records relating to panchayat affairs and is a public document. The court said disclosure of plans that must be in the public domain cannot be regarded as involving commercial confidence or trade secrets.

The order came on a writ petition by Joseph Palackatharayil Varughese, who sought copies of the approved building plan of Elmecs Multispeciality Hospital in Kareelakulangara. The hospital had opposed the request, arguing it was third-party information sought due to personal grudge. The State Public Information Officer had agreed to provide other permits but rejected the building plan citing the hospital's objection.

Rejecting the hospital's argument on alternative remedy, the court found the denial illegal and directed the SPIO of Pathiyoor Gramapanchayat to furnish a copy of the approved building plan to the petitioner within one month. The court relied on the Supreme Court's 2019 judgment in Ferani Hotels that development plans submitted to a corporation must be in the public domain.