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| SIC directs Tehsildar to provide information under RTI | | Land for defence purpose in Akhnoor | | Early Times Report
Jammu, July 28: State Information Commission (SIC) has directed Tehsildar of Ahknoor to provide information to an RTI applicant about a piece of land which is allegedly under the control of Army from many years but hasn't been requisitioned or acquired till date by the Defence Estates Department. Details available with Early Times reveal that two High Court lawyers namely Naresh Kumar Raina and Naresh Salgotra, moved an application dated: 08.01.2015 before the PIO/Sub Divisional Magistrate/Tehsildar, Akhnoor under the Jammu & Kashmir Right to Information Act, 2009 wherein they sought information which reads as:
1. Information is sought with respect to the land falling under revenue village Dasgal, Manda which is lying vacant near and outside the boundaries of 57 RCC GREF/Engineering Regiment since 01.09.1965.
2. Whether above stated land has been requisitioned by army for defense purposes? If yes then from whom (mention the names of land owners along with full particulars with respective khasra numbers of the land owned by them).
3. If the land stated above is not requisitioned then why the concerned land owners had been deprived from using their respective shares of land?
4. Whether the land owners were given their respective shares of\ periodical rent for requisition of land? If yes then provide Photostat attested copies of all the receipts of latest 3 years showing the fact that rent had been disbursed to them?
5. Under which order the above stated land had been requisitioned ? Provide photostat attested copies of the same.
6. Whether since 01.09.1965 till date this land had (any time) been used for defense purposes? Whether it is requisitioned by army or not.
7. If the above stated land is requisitioned then state whether acquisition proceedings had been initiated or not? If yes what is the rate of land fixed purposed to be disbursed to the concerned land owners? Whether this rate is sufficient as per market value?
Feeling aggrieved of inaction on the part of PIO, the complainants filed a complaint under section 15 of the J&K RTI Act, 2009 dated: 08.06.15 before the State Information Commission (SIC) . The stand of the complainants is that the PIO has failed to provide the requisite information within the statutory period, as mandated in the J&K RTI Act, 2009. During the course of proceedings held at SIC Jammu on 21.7.2015 the PIO/Tehsildar, Akhnoor submitted that he has enquired from the receipt clerk and dealing assistant in his office about the receipt of the aforesaid RTI application of the information seekers and they have reported that no such RTI application was received in their office, and in view of this the PIO/Tehsildar, Akhnoor expressed his inability to furnish the requisite information sought by the information seekers.
The RTI application of the information seekers was discussed threadbare during the hearing at SIC Jammu and PIO/Tehsildar, Akhnoor was accordingly apprised about its contents and he assured the Commission that he will dispose of the same and sought twenty (20) days time to do the needful. The PIO/Tehsildar, Akhnoor was provided the photo copy of the RTI application of the information seekers for speedy disposal at his end. This case heard by State Information Commissioner Dr S K Sharma.
SIC Judgment reads as: "The perusal of the aforesaid facts show that there is no malafide or intentional delay on the part of the PIO/Tehsildar, Akhnoor in denying the information to the information seekers as the said application was not received in his office. In view of the aforesaid facts and observations, the PIO/Tehsildar, Akhnoor is hereby directed to dispose of the RTI application of the information seekers within twenty (20) days from the date of pronouncement of this order under an intimation to the Commission". |
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