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| Info on illegal constructions under RTI denied | | Penalty notice served on LAWDA secretary, EO | | Early Times Report
Srinagar, Nov 22: The Lakes and Water Ways Development Authority (LAWDA) has been taken to task by the State Information Commission (SIC).
The Secretary of LAWDA who is also the Public Information Officer (PIO) of the authority under State RTI Act as well as its Enforcement Officer (EO) who both have failed to give details under RTI Act about illegal constructions to an information seeker from Harwan, Srinagar have been issued penalty show cause notices by SIC.
Details available with Early Times reveal that an RTI application was filed before PIO / Secretary LAWDA on 19.01.2015, to which no reply/decision was received by information seeker namely Manzoor Ahmad Bhat of Barji Bala Harwan Srinagar. Thereafter, Bhat filed first appeal on 18.02.2015, but no action/reply or decisions was provided. Subsequently, he filed 2nd appeal before SIC and requested that Secretary/EO be subjected to penalties/fines for wasting his precious time by not providing information within the specified time.
He sought information on 11 points regarding representation given by the inhabitants of Upper Barji Balla Harwan Srinagar vis-a-vis illegal constructions and status of correspondences made by various offices with LAWDA including list of building permissions from Ist December 2007 to January 2015, with copy of notification, SRO/rule/ reference for grant of such permissions.
During proceedings on 2.11.2015 at SIC office Srinagar, Nissar Ahmad Malik, Secretary LAWDA filed his written reply, whereunder he submitted that RTI application received by him was endorsed to EO and In-charge, Building Permission, J&K LAWDA vide letter dated 22.01.2015 for providing information as desired by the applicant. He submitted that In-charge, Building Permission provided the information against item 11 of the application. EO, however, did not provide the information even after serving reminders to him latest being 01.05.2015. He submitted that a copy of the SIC notice was also endorsed to EO LAWDA on 31.10.2015, with the directions to expedite the pending information. PIO/Secretary LAWDA submitted that he has recently joined and requested to grant 10 days time to respond to points pertaining to RTI application.
From the counter statement of the PIO, submitted before SIC it appears that EO LAWDA has not responded to RTI application endorsed to him by the PIO (Secretary LAWDA) . Accordingly, SIC ordered for issuance of notice to EO LAWDA to file reply/counter to the appeal statement in light of the reply furnished by Secretary LAWDA dated 02.11.2015. Meanwhile, PIO/Secretary LAWDA was directed by SIC to provide information in respect of point No 11 along with copy of counter statement dated 02.11.2015 to the appellant. In compliance to the SIC directions conveyed on 3.11.2015, PIO/Secretary LAWDA Nissar Ahmad Malik submitted point wise response to the queries of the appellant along with enclosures.
SIC order reads as:
"In so far as delay is concerned PIO has attributed delay to Enforcement Officer LAWWDA in his reply dated 02.11.2015 as stated here-in-above. Thus, Enforcement Officer LAWWDA becomes a deemed PIO in respect of information held by him as per provisions of Section 5(4&5) of the J&K RTI Act 2009. In view of the above, PIO LAWDA and Enforcement Officer is directed to explain as to why proceedings under provisions of Section 17 of the Act shall not be initiated against him. His explanation, if any, should reach the Commission within two weeks. The Commission has noted that the information in respect of Point 11 pertains to approved permissions from Ist December 2007 to January 2015. The Commission expects the information seeker to identify such structures which are unauthorized and take up the matter with appropriate authorities and appraise the Commission in this regard. Only then it will serve as deterrent to those violating law and thus the information obtained through RTI serve larger public interest. (5) With these directions, the appeal filed before the Commission is disposed of". |
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