Early Times Report
Jammu, Sept 8: The Jammu Municipal Corporation (JMC) has failed to act against the illegal construction being undertaken at Amphalla Jammu inspite of the fact that no permission was granted by the municipal corporation. A complaint was filed before the Commissioner JMC against the illegal construction , but the Commissioner failed to act on the complaint. The complainant used RTI to seek reasons from the JMC as to why they didn't act ? The JMC denied information on the plea that information seeker is not a permanent resident of J&K. The RTI applicant who happens to be an Army Officer posted outside J&K , provided copy of his Permanent Resident Certificate (PRC) . On this basis the State Information Commission (SIC) directed Commissioner JMC to reveal facts , but until all this communication took place the illegal building was constructed with active support of JMC
Details available with Early Times reveal that one Col Vijay Singh a resident of Flora R S Pura (appellant) filed 2nd appeal under Section 16 of the J&K RTI Act, 2009 before the State Information Commission (SIC) on 17-05-2016, stating that he had filed an application dated: 21-08-2015 to Municipal Commissioner, Jammu Municipal Corporation regarding stopping of construction over the land situated at Amphalla Jammu known as "Durga Niwas". Since, Jammu Municipal Corporation has not taken any action on the application, appellant exercising his right to seek information, filed an application under RTI Act, before PIO, Jammu Municipal Corporation through post on 10-03-2016 seeking following information;
(i) Has any permission been obtained from your departme nt for raising fresh construction in the premises of Durga Niwas, Opposite Aisha Ram Batra Petrol, Pump, Amphalla, Jammu.
(ii) If answer query (i) is in affirmative , then provide copy of the permission so obtained.
(iii) If the answer to query (ii) is in negative, then wh at action has been taken by you till date despite a complaint in this respec t on 21-08-2015, copy of the complaint is attached.
PIO, Jammu Municipal Corporation responded to the RTI application vide letter dated: 16-03-2016, informing the information seeker, Col. Vijay Singh that as per Section 3 of the J&K RTI Act, 2009, persons residing in the State shall only have the right to information. "Since, appellant is not resident of the State, hence information cannot be provided under rules" says order of PIO JMC .
Appellant Col Vijay Singh filed 1st appeal before FAA (Commissioner) , Jammu Municipal Corporation on 25-03-2016 on the ground that he is aggrieved of the response of PIO dated: 16-03-2016. Secretary/PIO, Jammu Municipal Corporation and representative of appellant, Col. Rajinder Singh were heard via video conferencing from Jammu office of the Commission few months back.
The communication of PIO dated: 16-03-2016 was received by the appellant Col Vijay and it is evident from the 2nd appeal, which has been filed by appellant being aggrieved by the response received within prescribed period vide letter dated: 16-03-2016, whereas, appellant is a state subject and stays out of Jammu due to unavoidable compulsion. Commission observed that address given by the appellant in his RTI application is H. No. 627/C, Royal, Shipra Sun City, Indrapuram, Ghaziabad, UP 201014.
As per section 3 of the J&K RTI Act, 2009, subject to the provisions of the Act, every person residing in the State shall have the right to information. Since the address given by the appellant is that of Ghaziabad, U.P.; therefore, order passed by the PIO dated: 16-03-2016 was in accordance with the provisions of section 3 of the Act.
PIO submitted before SIC (Commission) that he received copy of State Subject Certificate of the appellant, enclosed with 2nd appeal dispatched by the Commission and on receipt of copy of PRC as proof of residence, reply has been dispatched to the appellant vide letter dated: 24-06-2016. Reply given by the PIO was read to the appellant during case hearing , wherein, in response to point I & II, on the basis of report of Senior Town Planner, appellant has been informed that no building permission has been granted. In response to point III, on the basis of report of Chief Enforcement Officer, appellant has been informed that no new construction is found on the site and one Smt. Purnima Pathania has repaired an existing bathroom. The representative of the appellant, overwhelmingly contested the plea of the PIO and submitted that new construction has indeed taken place.
"In view of the above, Commission directs Commissioner, Jammu Municipal Corporation to enquire into the matter, in view of the fact that appellant has contested the report of the Chief Enforcement Officer and outcome of the enquiry be communicated to the Commission within month with copy to the appellant. Appellant is advised to approach Commissioner, Jammu Municipal Corporation within one week with documentary proof with regard to assertions made by him before the Commission" reads SIC order. |
