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DC Bandipora issues show cause notice to Tehsildar
Denial of info about Land Acquisition in Gurez
6/28/2016 11:21:53 PM
Early Times Report

Srinagar, June 28: The Deputy Commissioner Bandipora who is also the First Appellate Authority (FAA) under State RTI Act has issued a notice to the Tehsildar Gurez for not providing information to an aggrieved party whose land was acquired by National Hydro Electric Corporation (NHPC) during ongoing construction of Hydro Electric Project on Kishen Ganga river in Gurez area.
Details available with Early Times reveal that one Ghulam Mohamad Lone R/O Kandyal Gurez filed Second Appeal on 01.06.2016 under RTI Act 2009 before State Information Commission (SIC). The appellant says that he had filed an application before Tehsildar Gurez on 15.01.2016 seeking information/record of land under Khasra No.91 situated in Halqa Badwan Wanpora Gurez and details of compensation of land acquired by NHPC for Kishan Ganga Power project. As no information was furnished, he preferred First Appeal before Deputy Commissioner, Bandipora on 17.03.2016. That DC Bandipora issued a letter in the name of PIO/Tehsildar Gurez on 07.04.2016 and neither the First Appeal of the appellants was considered nor the outcome of First Appeal filed before DC Bandipora was communicated to him. The appellant alleged that the land under Khasra No.91 is submerged under Kishan Ganga River since 1959, but now it is shown in possession of respondents and is shown growing Maize. He accordingly requested to be provided relevant records and action under RTI Act be taken against the officer who have failed to act as per provisions of the Act.
Tariq Ahmad Sheikh, Tehsildar Gurez and appellant Ghulam Muhammad Lone appeared before the State Information Commission (SIC) on June 23rd 2016 for 2ndappeal hearing . The DC Bandipora , First Appellate Authority (FAA) sought exemption for appearance stating his preoccupation with the visit of Parliamentary Standing Committee on Home Affairs on 23rd June, 2016 and has enclosed the meeting schedule issued by Home Department in this regard.
The FAA (DC Bandipora) filed reply/Counter statement submitting that appeal presented by the appellant was disposed of within stipulated time whereby an order was passed directing PIO for delivery of information forthwith, without further delay and explanation was called for non delivery of information. As per provisions of Section 6(3) of the Act, if the information is held by any other public authority, the PIO of the public authority is required to transfer such limb of information to the other public authority, who is holding this information. Therefore, the Commission directs Tehsildar Gurez to transfer the compensation component of the application regarding survey No.91 to Collector Land Acquisition/SDM Gurez under Section 6(3) of the Act. SDM Gurez is directed to give response to appellant/information seeker as per provisions of Section 7(1) of the Act. As regards allegation of compensation for land submerged under water, the appellant is advised to approach the concerned authorities with the information for appropriate action" reads SIC order dated 23.6.2016.
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