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After PSC , Agro Industries , SDA say records damaged in floods
2/14/2015 10:59:21 PM
Early Times Report

Srinagar, Feb 14 : The Government and semi Government organizations are using September floods in Kashmir as an excuse to hide their misdeeds.
In yet another case within just two months the Srinagar Development Authority (SDA) has denied to provide information under State RTI Act to an information seeker who sought details related to leasing out of shops and plots by the SDA. The applicant alleges that he has been denied justice by the State Information Commission (SIC) as well where the case was heard . Pertinently SIC upheld the decision of PIO- SDA during the case hearing on 27.1.2015 at Srinagar.
As per details available with Early Times Ghulam Rasool Baba R/o Nund Reshi Colony Bemina, Srinagar submitted a request for information under RTI Act 2009, on 14.07.2014 before PIO/Srinagar Development Authority Srinagar seeking following information:-
1."Copy of rules regulations governing procedure and norms fixed for transferring of lease hold rights of shops and plots from one person to another.
2.The minimum and maximum rate of premium fixed to be recovered from the applicants.
3.The total No. of such cases settled from 2010 till date and the amount recovered in each individual case as premium.
4.The date of application and the date of finalization of each case.
5.A copy of note sheets of such cases processed/under process received your organization from 1.6.2013 to 3.6.2013.
6.No. of plots/shops with complete diameter (length, breadth) and location of each individual case allotted to the employees of SDA and the premium recovered against each such case..
The information seeker filed Ist Appeal before the Vice Chairman Srinagar Development Authority (SDA) who is also the First Appellate Authority (FAA) on 25.08.2014 stating that despite lapse of more than prescribed time limit neither the information has been provided nor the reasons for not providing it has been communicated as required under relevant rules.
The appellant Ghulam Rasool Baba filed Second Appeal before the State Information Commission (SIC) on 11.12.2014 stating that both FAA and PIO - SDA have failed to provide the information. The appellant requested before the Commission that legal action in terms of provisions of Section 17(1) of Information Act 2009 be initiated against the defaulters, besides issuing direction for providing the requisite information to the information seeker within the prescribed time limit.
During proceedings in the Commission on 03.01.2015, PIO/Srinagar Development Authority submitted that he has compiled the information comprising of 274 pages on 24.12.2014. Accordingly following directions were issued by SIC which reads as :
"PIO is directed to provide set of information to the appellant free of cost. Appellant is directed to go through the information and file objections, if any, by or before next date of hearing. PIO/SDA is directed to submit his explanation for delay in disposing of the RTI application, before next date of hearing."
SIC order further reads as :
" In his response/reply dated 23.01.2015, PIO/SDA has informed the information seeker that information in respect of point No. 1, 2, 4 and 6 has already been provided. With regard to point No.3, the information available of Waheed Abdullah Baba is enclosed. However, information of B.P. Gupta is not available which has been damaged along with other records. In respect of point 5, information is enclosed. The appellant has confirmed receipt of this information vide his communication dated 27.01.2015. In view of the above it is held that information as asked for has been provided. Further, the explanation given by PIO with regard to delay is due to reasonable cause and is,therefore, accepted"
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