Quick Reply: Compensation under RTI Act §19(8)(b) is for loss or detriment suffered because information was denied. It is not a general damages jurisdiction for delay in a separate public service, such as passport dispatch.
High Court of Delhi · 24 July 2024 · W.P.(C) 4622/2019
It is imperative that such compensation directly correlates with the personal detriment experienced by the complainant.
| Court | High Court of Delhi |
|---|---|
| Decided | 2024-07-24 |
| Citation | W.P.(C) 4622/2019 |
| Bench | Sanjeev Narula J |
| Petitioner | PIO, RP Cell, South Delhi Municipal Corporation |
| Respondent | Central Information Commission and Om Prakash Khorwal |
| RTI Act sections | §19(8)(b) |
| Outcome | Writ disposed of. Compensation of ₹50,000 sustained, treated as awarded in favour of the applicant. |
The CIC had awarded ₹50,000 as compensation under §19(8)(b) after finding denial of information about a parking contract. The municipal CPIO said the award was without jurisdiction. The Court held that the Commission does have power to award compensation, and that the power is confined to personal detriment from denial of information. Awarding compensation for losses of persons other than the complainant would stretch beyond §19(8)(b). On the applicant's own financial loss after the denial, ₹50,000 was reasonable. The Court did not interfere.
Section 19(8)(b) empowers the Commission to “require the public authority to compensate the complainant for any loss or other detriment suffered”. The Court held that this power “must necessarily be connected” to the appellate function. “While the CIC possesses the authority to award compensation to information seeker, it is imperative that such compensation directly correlates with the personal detriment experienced by the complainant. Awarding compensation based on losses suffered by parties other than the complainant stretches beyond the intended scope of Section 19(8)(b).”
The amount was justified by parking charges, legal fees and costs of pursuing the issue following the denial of information. That is the limit of the remedy. A Citizen Charter delay in issuing a passport, without a finding that RTI information was denied, is not what §19(8)(b) compensates. Service delay is a CPGRAMS, consumer-forum or writ grievance.
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Last reviewed: 11 September 2026.