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| SIC seeks Admin approval of road constructed 20 yrs ago | | | Early Times Report
Jammu, Aug 31: The State Information Commission (SIC) has directed the Executive Engineer (XEn) PWD (R&B) division II Jammu to provide certified copies of administrative approval of the road which was constructed / repaired several times from 1996 onwards in Bain Bajalta Jammu.
Details available with Early Times reveal that one Shahmir Ahmad R/O Bain Bajalta Jammu filed an appeal before the State Information Commission (SIC) against the said Executive Engineer on 25.07.2015 on the ground that in response to his RTI application dated 08.01.2016, XEn vide letter dated 05.02.2016 denied the information stating that information sought by him was voluminous. Then the information seeker filed First Appeal filed before SE PWD (R&B) Jammu who is also the First Appellate Authority (FAA). The appeal was disposed of by virtue of order dated 18.03.2016, which the appellant (Shahmir Ahmad) has alleged as bad in law on the ground that while the PIO denied information stating that information sought is voluminous, the FAA dismissed the appeal on the ground that only available and existing information can be provided under the provisions of the J&K RTI Act. The plea of the appellant is that as per the reply of PIO (XEn R&B Division II Jammu) , information is available and therefore the decision of the FAA is not based on the facts of the case and order has been passed mechanically.
Uttar Kumar Sharma, PIO/Executive Engineer (XEn) PWD (R&B) Division No. II Jammu and appellant Shahmir Ahmad attended the hearing on 1.8.2016 . PIO submitted that in reply to an earlier RTI application on the same subject, information has been given to the appellant under letter dated 21.12.2015. Xen submitted that as per earlier directions of the Commission, the appellant was provided opportunity to inspect the records which included the information now sought. However, the appellant submitted that although he attended the office, he was not provided access to the information. The instant application has been responded to by XEn vide letter dated 05.02.2016, informing the appellant that the information is voluminous, as the same has been sought for the last two decades. He has accordingly asked the appellant to attend his office and see the records and whatever record available with them shall be provided to him on cash payment under rules. In the present RTI application, the appellant Shahmir Ahmad has sought information in respect of roads of Panchayat Bain Bajalta w,e,f 1996 till date. The appellant vide his RTI application also wants to know under which order construction of these roads was sanction.
Executive Engineer (XEn) submitted before SIC that construction of roads are undertaken as and when these are approved by the District Development Board or under State Plan and funds provided. Accordingly, the order under which funds were initially provided is the order of sanctioned road projects . Accordingly, XEn was asked to provide the information when funds were initially sanction for these roads. This information also includes information sought at point-2 i.e. certified copy of each order by virtue of which these roads were sanctioned. In respect of Point-3, XEn submitted that the schemes are sanctioned in the District Development Board meeting/by the Government under State Plan and no separate file notings are maintaind at Divisional level.
"XEn shall provide copy of administrative approval, if available. At Point-4 & 5, the appellant has sought copy of bills passed for these roads. XEn is directed to provide the certified copy of latest/last bill passed for each component 3 of these works to the appellant. These directions should be complied within two weeks and a compliance report be filed. Accordingly, the appeal filed before the Commission is disposed of with above directions" reads SIC order. Pertinent to mention that there are several roads which have been constructed without any administrative approval by R&B across state. It is alleged that same thing has happened in Bian Bajalta. It is alleged that lakhs of rupees have been drawn from state exchequer against the construction/ maintenance of roads many of these works have hardly been undertaken. |
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