Early Times Report
Jammu Apr 18 :As the information sought under RTI Act , related to acquisition and requisitioning of land near Muthi here by Army, was not provided to a man, who also claims to be the land owner, the State Information Commission (SIC) has directed the revenue authorities to allow the inspection of relevant records by the information seeker under the provisions of J&K RTI Act 2009. As per the details available with Early Times, Mohinder Kumar, a resident of Nanak Nagar here, moved an application on August 5, 2014, before the deputy commissioner, Jammu, under the J&K Right to Information Act, 2009 wherein he sought certain information about the notification by virtue of which his land at Dharmal, Muthi, was acquired/requisitioned by the Army authorities under Khasra No 118 khewat 17 some time back.
Public Information Officer (PIO), who is also additional deputy commissioner, Jammu, transferred the RTI application under section 6(3) of RTI Act, 2009 vide office letter No DCJ/PIO/RTI/2014-15/655-56 dated 06-08-2014 to PIO/ Tehsildar (T), Jammu, for further necessary action. However, due to restructuring of the administrative units, the information as sought by Mohinder could not be provided to him within the statutory period and as such feeling aggrieved of inaction on the part of the PIO/Tehsildar(T), he filed 1st appeal on September 16, 2014 before the deputy commissioner, Jammu, who is also the First Appellate Authority (FAA) . The 1st appeal was not been adjudicated and disposed of by the 1st appellate authority and after that, he approached SIC by filing 2nd appeal on December 22, 2014.
The Commission, after receiving the 2nd appeal listed the matter for hearing on February 20, 2015. As the appellant was absent on the date of hearing, the matter was again listed for hearing on March 31, 2015 when both the parties were present.
During the course of proceedingsat SIC office, the appellant acknowledged the receipt of the information from Tehsildar, Jammu North, which was sent to him vide office letter No TJN/PIO/RTI/14-15/49 on December 19, 2014 after collecting the same from field staff of Patwar Halqa, Dharmal. The counter statement filed by the PIO/Tehsildar, Jammu North and the information provided to the information seeker was brought on record for reference. According to SIC, the facts reveal that there is no intentional delay or malafide on the part of the Tehsildar,Jammu North as the RTI application was disposed of without any delay on his part. However, the delay is purely circumstantial in this case and has happened due to restructuring of the administrative units in revenue department.
The appellant apprised the Commission that the information provided to him is incomplete and not as per RTI application and requested the Commission that he may be allowed an opportunity to inspect the record in the office of Tehsildar, Jammu North. "In view of the aforesaid facts , observations and submissions of the appellant, the PIO/Tehsildar, Jammu, North is hereby directed to allow the appellant an opportunity to inspect the record in his office on a working day and provide him certified copies of the relevant documents free of cost if any, requested by the information seeker under an intimation to the commission. The parties are at liberty to settle the date and time for inspection of record which may be convenient to them," reads the SIC order. |
