Delhi HC slams MCD over RTI non-compliance for two decades

Bench says statutory transparency duties remain unfulfilled since 2005 and questions why House and committee decisions were never published.

The Delhi High Court on Wednesday reprimanded the Municipal Corporation of Delhi (MCD) for its apparent failure to upload and update public documents on its website, including resolutions, for nearly 20 years in violation of transparency mandates under the Right to Information (RTI) Act, 2005.

Court orders civic body to file an affidavit on steps taken under Section 4, citing missing resolutions, committee minutes and budget details online. (HT)

A bench of chief justice DK Upadhyaya and justice Tejas Karia was considering a petition filed by Centre for Youth Culture and Law Environment, which sought directions for the civic body to proactively disclose legislative reports, resolutions passed by its Standing Committee, and related public information as required under Section 4 of the RTI Act.

Section 4 of the RTI Act obligates public authorities to maintain transparency by proactively sharing information with the public without waiting for an RTI request.

“You are required to upload and update the information. What have you been doing? It was passed in 2005, 20 years down the line… You have not done this exercise in 20 years,” the bench told MCD’s counsel. The court questioned why decisions of the House and committees were not published, stating, “There cannot be any reason.”

It added, “It is apparent that the statutory mandate and the duty cast on MCD under the RTI Act has yet not been followed even after the lapse of 20 years since the RTI Act was enforced.”

The petitioner’s counsel argued that MCD’s website lacked a proper catalogue of information, including its budget. He added that although some details were available online, the majority of required information remained missing.

The MCD’s counsel submitted that the civic body has been taking corrective measures and that the issue of publishing resolutions and minutes of meetings of the House, as well as those of other committees and boards, was under consideration.

The court, however, directed MCD to file an affidavit detailing steps taken to comply with Section 4. “Let an affidavit be filed by MCD not only to the petition but also stating as to what steps have been taken to implement section 4 of the RTI Act for providing information by publication. You have to publicise by beat of drum also,” the court said.

The matter will be heard next on April 17.