Central Information Commission
Naresh Kumar Gupta vs Ut Of Jammu And Kashmir on 3 November, 2020
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal Nos. CIC/UTOJK/A/2020/103219
CIC/UTOJK/A/2020/103223
CIC/UTOJK/A/2020/103221
CIC/UTOJK/A/2020/103220
Shri Naresh Kumar Gupta ... अपीलकता/Appellant
Not present for video conference
VERSUS/बनाम
PIO,O/o Municipal Corporation, ... ितवादीगण /Respondent
Jammu, Town Hall, J & K 180001
Through: Sh. Rajesh Gupta-Chief Enforcement
Officer, Municipal Corporation
PIO,Dy. Commissioner, Wazara Road,
Peer Kho, Jammu, J & K 180001
Through: Sh. Jasmeet Singh - Asstt.
Commissioner, Jammu
Date of Hearing : 02.11.2020
Date of Decision : 03.11.2020
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case Nos. RTI Filed CPIO First FAO Complaint/Second
on reply Appeal dated Appeal dated
dated dated
103219 12.10.2019 No Reply 20.10.2019 No Reply 23.12.2019
103223 14.10.2019 No Reply 20.11.2019 No Reply 23.12.2019
103220 14.10.2019 No Reply 20.11.2019 No Reply 23.12.2019
103221 11.10.2019 No Reply 20.11.2019 No Reply 23.12.2019
(1) CIC/UTOJK/A/2020/103219
Information soughtand background of the case:
The Appellant filed an RTI application dated 12.10.2019 seeking information on the following 03 points:Page 1 of 5
1. Kindly provide the Title Documents, Sale Deeds, Map, Copy of the Building Permission etc. of all the triple storied showrooms constructed and. sold by the above mentioned persons such as : i) B.S. Traders, ii) Rupali Sales Corporation, iii) S.G.S. Traders, iv) Anand General Store, v) Cash Counter, vi) Om Parkash Bhushan Kumar, vii) R.M. Traders and viii) Just Fashion.
2. Whether all the showrooms have been constructed as per the building by-
laws/master plan 2021 and the permissions issued by the Municipal Corporation Jammu.
3. Kindly provide the copies of all the Action Taken Reports taken against all these showrooms if the construction of these showrooms have not been made as per the building by-laws prescribed by the Municipal Corporation, Jammu.
(Queries reproduced verbatim) Having not received any reply from PIO, the Appellant filed a First Appeal dated 20.10.2019. Feeling aggrieved due to non-receipt of information, the Appellant approached the Commission with the instant Second Appeal.
(2) CIC/UTOJK/A/2020/103223 Information sought and background of the case:
The Appellant filed RTI application dated 14.10.2019 seeking information on 04 points, as follows:
1. Kindly provide the copy of the sale deed executed between Romesh Gupta & Ors. with the sons of Late Sh. Sneh Gupta for the purchase of residential building and constructed above mentioned showrooms over it.
2. Kindly provide the Sale Deeds, Map, Copy of the Building Permission etc. of all the above mentioned triple storied showrooms constructed and sold by the above mentioned persons.
3. Whether all these showrooms have been constructed as per the building by-
laws/master plan 2021 and the permissions issued by the Municipal Corporation Jammu.
4. Kindly provide the copies of all the Action Taken Reports taken against all these showrooms if the construction of these showrooms have not been made as per the building by-laws prescribed by the Municipal Corporation, Jammu.
(Queries reproduced verbatim) Having not received any reply from PIO, the Appellant filed a First Appeal dated 20.11.2019. Feeling aggrieved due to non-receipt of information, the Appellant approached the Commission with the instant Second Appeal.
(3) CIC/UTOJK/A/2020/103220 Information sought and background of the case:
The Appellant filed RTI application dated 14.10.2019 seeking information on 04 points:
1. Kindly provide the copy of the sale deed for purchase of residential building by Smt. Riya Gupta W/o Sh. Ajay Gupta prop. Natural Mega Mart Mohalla Pahatian Page 2 of 5 Jammu and the construction over it of triple storied showroom namely 3K Enterprises.
2. Kindly provide the Map, Copy of the Building Permission etc. issued by the Municipal Corporation Jammu of the above mentioned triple storied showroom constructed by Smt. Riya Gupta W/o Sh. Ajay Gupta.
3. Kindly provide the fresh status report regarding the action taken against the violator for the construction and conversion of residential building into commercial showroom in violation of the building bye laws.
4. What action has been taken by the department because the building was already sealed by the Municipal Corporation.
(Queries reproduced verbatim) Having not received any reply from PIO, the Appellant filed a First Appeal dated 20.11.2019. Feeling aggrieved on not receiving any information, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing is held through video conference, scheduled after giving prior notice to both the parties. Appellant has not attended the hearing even through video conference despite service of hearing notice in advance. Respondent - Sh. Ramesh Gupta present through video conference states that his predecessor has retired and some information was provided to the Appellant. Copy of a reply from the Respondent is not available on record.
Decision Upon examination of the facts of the case, the position so emerges that queries raised by the Appellant in the aforementioned three Second Appeals which were to be answered by the same authority, viz. PIO,O/o Municipal Corporation, Jammu have not been handled appropriately. Though the Appellant has not appeared to contest his case, there is no document on record to indicate that any response has been furnished so far by the Respondent. Respondent has also not filed any written submission indicating that the RTI applications were responded by them. Hence, the Commission deems it appropriate to direct the Respondent to submit an explanation for the non furnishing of reply, as envisaged in the RTI Act, thereby acting in contravention of the provisions laid therein. The Respondent shall provide appropriate reason for the violation of the provisions of the RTI Act, justifying why no penal action should be initiated for the same.
The Respondent- Sh. Rajesh Gupta-Chief Enforcement Officer, Municipal Corporation shall also provide a complete reply to the Appellant within three weeks of receipt of this order, furnishing specific and accurate point-wise information with respect to the Appellant's queries. Compliance report along with proof of service of the reply on the Appellant should reach the Commission Page 3 of 5 by 15.12.2020, failing which appropriate proceedings shall be initiated, in terms of law.
(4) CIC/UTOJK/A/2020/103221 Information sought and background of the case:
The Appellant filed RTI application dated 11.10.2019 seeking information on 04 points, as follows:
1. Kindly provide the Title Documents, Sale Deeds, Map, Building Permission etc. of the s e tr ip l e s to r ie d sh o wr o o ms c o ns tr u c te d an d so l d by th e abo ve mentioned persons such as : i) B.S. Traders, ii) Rupali Sales Corporation, ill) S.G.S. Traders, iv) Anand General Store, v) Cash Counter, vi) Om Parkash Bhushan Kumar, vii) R.M. Traders and viii) Just Fashion.
2. Kindly provide the details whether these persons have applied for amnesty scheme issued under Roshni Act and whether they have been provided any relief for ownership rights under the Roshni Act.
3. Kindly provide the details of land over which these show rooms have been constructed and name of the department whose land has been encroached.
4. Whether any sort of action has been initiated against the land mafia for the encroachment of state land? If yes, kindly provide the detailed action take report.
(Queries reproduced verbatim) Having not received any reply from PIO, the Appellant filed a First Appeal dated 20.11.2019. Feeling aggrieved on not receiving any information, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing is held through video conference, scheduled after giving prior notice to both the parties. Respondent claims to have sent a reply on 07.12.2019, copy whereof is not available on record. Copy of dispatch register is also available with Respondent reflecting service of reply on the Appellant. The Respondent sought to place these documents on record during the course of the day.
Decision:
Submissions have been received from the Respondent in support of the averments placed forth during the hearing. It is noted that response dated 07.12.2019 had been sent to the Appellant. Appellant has chosen not to participate in the hearing and hence it is not possible to ascertain his views. Be Page 4 of 5 that as it may, the Commission is not inclined to pass any further directions with respect to this particular appeal and disposes off the same as such.
Y. K. Sinha(वाई. के . िस हा) Information Commissioner(सूचना आयु ) Authenticated true copy (अिभ मािणतस ािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514 Page 5 of 5