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| Allotment of shops in Narwal Mandi | | JDA says 30 yr old record missing | | Early Times Report
Jammu, Mar 5: The Jammu Development Authority (JDA) which was the custodian of records belonging to Narwal Fruit and Vegetable Mandi until 2009 , has told State Information Commission (SIC) that 30 year old official record is not available with them. The information was sought by an information seeker under RTI Act from Horticulture (P&M), but as they denied to have this information, the matter was referred to JDA who too denied y this information.
Details available with Early Times reveal that one Varun Sawhney S/o Sudesh Sawhney R/o Gandhi Nagar, Jammu filed an RTI application dated: 12.07.2017 before the PIO in the office of Director, Horticulture (P&M), Srinagar seeking the certified copy of advertisement along with all the modifications which were advertised by the Government against which 26 applicants applied for allotment of shop sites in Fruit & Vegetable market Narwal, Jammu.
The PIO responded to his application vide communication dated 28.09.2017. Not satisfied with his response the appellant finally approached the State Information Commission (SIC) by filing 2nd appeal which was admitted on 23.10.2017.
During the hearing the appellant stated that since the Jammu Development Authority (JDA) has transferred the market (Fruits & Vegetable Market) to the Director, Horticulture (P&M) Jammu/Srinagar, all the information should be available with the Directorate of Horticulture (P&M) and therefore it is they who have to provide the information.
Meanwhile SIC received a copy of counter statement from Deputy Director, Central/First Appellate Authority (FAA), Horticulture P&M stating that JDA remained custodian of the Fruit & Vegetable market Narwal, Jammu till the year 2009 when it was transferred to the Department of Horticulture (P&M) by a cabinet decision. The reply said that files pertaining to the allotment (excepting few) were transferred by the JDA to the Department of Horticulture (P&M) but the files regarding correspondence and the advertisement etc were not provided to this department by the JDA.
SIC in its order said, "RTI Act provides access to all information that is available and existing. "where the information sought is not part of the record of a public authority and where such information is not required to be maintained under any law or the rules or regulation of the public authority, the Act does not cast an obligations upon the public authority, to collect or collate such non-available information and then furnish it to an appellant." Therefore the 2nd appeal is disposed of accordingly. |
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