For 25 years CAPD has not enhanced rent - Early Times Newspaper Jammu Kashmir

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For 25 years CAPD has not enhanced rent

Owner invokes RTI Act for justice

1/15/2015 11:33:56 PM

Srinagar, Jan 15 : As he did not get justice for almost 25 years a Kashmiri Pandit migrant has now used his Right to Information to get the justice. Dilip Kumar Bhat s/o Late P.N. Bhat a resident Hall Tehsil and District Pulwama presently Sector 3 Gangyal Jammu has filed an application under J&K RTI Act, 2009 before Public Information Officer (PIO) Office of the Deputy Commissioner who is also the Chairman District Rent Assessment Committee. The applicant alleges that his premises consisting of 3 rooms and 3 kanals of land has been taken on rent by Consumer Affairs & Public Distribution department (CA&PD) formerly called Food Supplies Department in the year 1972 . The said department according to Bhat paid the rent until 1990 to his predecessors, but thereafter no rent has been enhanced until 2014. Bhat further alleges that he made several representations for rent enhancement and its release pursuant to which AD CA&PD Pulwama vide letter No. CA&PD/Pul/Rent/12/1233-35 dated 09.07.2012 addressed to Joint Director (Plg.) DDC Office Pulwama submitted the case to Chairman District Rent Assessment Committee Pulwama vide officer letter No. CA&PD/Pul/12/Rent/870-72 dated 08.06.2012. On the basis of above communications, the appellant has sought following information under J&K RTI Act 2009 from the PIO DC Office Pulwama.
1. "What steps have been taken by Dy. Commissioner, Pulwama (Chairman Rent Assessment committee) in response to letters dated 09.07.2012 and 08.06.2012 a mention of which has been made above?
2. Whether the rent for the premises of applicant in the occupation of CA&PD Department has been enhanced or not? If it has not been done, what are the reasons?
3. Why the rent from 1990 till date at enhanced rate is in arrears?
As the information was not provided, Bhat filed First Appeal before Deputy Commissioner Pulwama through Registered Post on 21.06.2014. After no response the appellant subsequently filed Second Appeal before Jammu wing of the State Information Commission (SIC) on 20.08.2014 and received in the Srinagar wing of the Commission on 25.08.2014. The Second Appeal has been filed on the grounds that no response has been received by the information seeker either from the PIO in the office of the Deputy Commissioner Pulwama or from Deputy Commissioner Pulwama (FAA).
In his counter statement / reply to Second Appeal FAA/Deputy Commissioner Pulwama said that the RTI application was forwarded by PIO to Joint Director Planning vide letter dated 05.06.2014 with directions to furnish information sought by the information seeker. That the Joint Director Planning P&D vide letter dated 09.06.2014 furnished the requisite information directly to the information seeker. FAA further submitted before SIC that the appellant on dissatisfaction of the information provided by the Joint Director filed an appeal before FAA on 25.06.2014 and as a prelude; a notice was serviced to the Joint Director on 28.06.2014 directing him to furnish the information. That the Joint Director vide letter dated 28.06.2014 intimated that the information sought by the appellant has been provided to him vide letter dated 09.06.2014. The information reveals that"The case regarding enchantment of rent of 03 storied building with its premises at Sirnoo Pulwama occupied by Security was submitted to R&B Department for report/clearance whether there is any provision for enhancement of rent or re-assessment. Your case is of the same nature. In reply, the report received from R&B Deptt says that 'that there is blanket ban on revision of rent once assessed/fixed".
SIC order reads as : "The Second Appeal before the Commission has been filed on the ground that there has been no response either from PIO or FAA till date of filing of Second Appeal. However, as per records of Deputy Commissioner Pulwama, information has been dispatched to the information seeker on 09.06.2014. The Commission after going through queries in the RTI application by the appellant and response given by the PIO is of the view that information relevant to the case has been given by the Deputy Commissioner on the basis of report of Executive Engineer R&B Division Pulwama. However, PIO Office of the Deputy Commissioner Pulwama is directed to send another set of information to the information seeker within 10 days from receipt of this order and submit a compliance report to the Commission"

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