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| SIC puts former PIO of FC (R) on notice | | | EARLY TIMES REPORT
Srinagar, June 20: The State Information Commission has put the formerPIO/ Adm. Officer FC(R) Sanjay Gupta on notice. He has been urged to submit his explanation, if any, as to why penalty under Section 17 of the Act may not be imposed on him.
The direction as passed in a complaint titled Malik Mohammad Mushtaq v/s PIO of Financial Commissioner (Rev), J&K.
The brief facts of the complaint are that the complainant had filed an RTi application on 19.08.2011 before Financial Commissioner (Rev), J&K Srinagar. The RTI application was made on an issue which has tremendous public importance in the sense that he wants information with regard to conversion of agriculture land into commercial including residential. It will be relevant to reproduce the gist of the complaint:
i. As per J&K Land Revenue Act 1939 Section 133(A), the agriculture land cannot be converted for non-agriculture purpose and the information seeker wanted to know how much Abi Agriculture land at Namlabal/Drangabal, Pampore has been converted into non-agriculture and whether any action taken against the Tehsildar, Pampore for allowing the illegal conversion of said land.
ii. Whether Sheikh-ul-Alam Co-operative Society has obtained any permission from the competent revenue authority for making mass conversion of agriculture land by earth filling and constructions thereto situated at Namlabal/Drangabal, Pampore. If answer was yes, the information seeker wanted a copy of the permission with name of the revenue officer who issued permission to the society.
iii. When and how much of agriculture land in Namlabal/Drangabal, Pampore has been converted by the Sheikh-ul-Alam Co-operative Society in contravention of Section 133 (A) of J&K Land Revenue Act situated in the above mohallahs and colonies.
iv. Similarly there is some other information sought which is listed in the RTI application (Annexure-I).
The PIO of Financial Commissioner (R) has passed an order on the RTI application on 09.09.2011 which is well within the stipulated time and is appreciated. The complainant not being satisfied with the reply of the PIO filed a complaint contending therein that the very material, information provided is irrelevant or incomplete, incorrect and misleading. It is stated that the information given with regard to the Point No. 3:
"Whether Sheikh Ul Alam Cooperative Society has obtained any permission from the competent revenue authority for making mass conversion of Abi Agriculture Land by earth filling and constructions there upon situated at Namlabal/Drangabal, Pampore as per the law, if they have, then copy of the same be provided and name of the revenue officer be mentioned therein who issued permission to the society.
The PIO has given reply to this query at para-No. 3 of his order. The PIO has intimated that till date no permission for conversion of land under reference has been issued by this office. Therefore, on this point the information given is found to be correct.
At point No. 4 of the complaint the complainant says that the information provided is incomplete and misleading. The point No. 4 of the RTI application was:
"When and how much of agricultural paddy land in which Survey Nos. has been converted by the Sheikh Ul Alam Cooperative Society in contravention of Section 133 A of the Land Revenue Act, situated at Namlabal/Drangabal, Pampore? "
The PIO has admitted that no such permission was granted. It is further admitted that there has been encroachment and illegal conversion of land. Thus there is no reply to the query of the complainant. Non - implementation of Government orders has been justified with the plea of land and order problems. As the full and complete information has not been given on this point, the PIO is directed to explain why penalty for furnishing incorrect and incomplete information may not be initiated against him.
Similarly at point No. 6 the information sought was:
"Whether Tehsildar, Pampore, DC Pulwama or Divisional Commission Kashmir were directed by any higher authority to allow the said Society or its any person to make such illegal and unlawful conversion of agriculture land in contravention of Section 133 (A &C) of Land Revenue Act and not to take any action against the persons who are involved in this conversion, provide copy of that order and state therein the survey numbers of the land whereupon direction of conversion is permitted."
The PIO's reply is reproduced as under:-
"No direction from the higher authorities has been received by this office in this regard, Joint Financial Commissioner in terms of his Order No. Jt-Fc-Ap-226-32 dated 16.7.2009 in the case titled Sheikh ul Alam Housing colony through its chairman Abid Hussain Kanth v/s Dy. Commissioner, Pulwama and others stayed the operation of the said impugned order of the Tehsildar, Pampore with further direction to maintain the status quo on spot till further orders vide order No. Jt-Fc-Ap-281-88 dated 5.8.2009. This order was subsequently challenged before the Hon'ble High Court of J&K Srinagar in OWP No. 703/2009 titled Sheikh Ul Alam Housing colony v/s Dy. Commissioner, Pulwama and others wherein the Hon'ble Court in its order dated 16.9.2009 passed by learned joint (copy enclosed as Annexure "A 3") was pleased to set aside the order dated 5.8.2009 passed by learned Joint Financial Commissioner, with further directions to take up the revision petition on 29.09.2009, hear the parties and pass appropriate orders as are warranted bny facts and circumstances of the case with further directions that the parties should maintain status quo till the matter is taken up and heard by the Joint Financial Commissioner.
Meanwhile the Joint Financial Commission in his order dated 26.10.2009 disallowed the prayer of Azad Andrabi Advocate on behalf of legal cell Pampore to continue the status quo."
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