Central Information Commission
Sami Ullah vs Ut Of Jammu And Kashmir on 23 September, 2020
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2020/114992
Shri Sami Ullah ... अपीलकताग/Appellant
Through: Sh. Abid Hussain Shah -
Representative
VERSUS/बनाम
PIO/Directorate of Urban Local Bodies, Srinagar ...प्रनतवादीगण /Respondent
PIO/Exe. Officers, Municipal Committee, Govt. of
J&K
PIO/FAA, Municipal Committee,Govt. of J&K.
Through: Sh. Mohammed Ismail Mir -
FAA/Executive Officer and Sh. Asad Ullah
Kumar-PIO
Date of Hearing : 22.09.2020
Date of Decision : 23.09.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 14.12.2018
PIO replied on : 11.02.2019
First Appeal filed on : 25.01.2019
First Appellate Order on : Nil
2ndAppeal/complaint received on : 26.05.2020
Information soughtand background of the case:
The Appellant filed RTI application dated 14.12.2018 stating the following facts regarding allotment of shops around Jamia Masjid Shopian for the fire victims of year 1978:
1. That a major fire had broken out in Shopian on 3rd May 1978 and the affected inhabitants were subsequently allotted land and Largam vide cabinet decision No. 62 of 11-05-1978 read with Govt. order No. 2089-GD of GD of 1978; dated 23-09-1978.
2. That in addition to the allotment of land a Largam Shopian for constructing residential houses, a price of land measuring 12 x 20 feet was also allotted Page 1 of 4 to the affected inhabitants near the gutted site for the construction of shop(s).
3. That a fire gap also kept between these allotted shops and the residence of unaffected/nonshifted inhabitants in particular from Jamia Masjid Shopian to Tak Masjid Shopian to avoid any further untoward/unnatural incident.
4. That due to illegal encroachment initiated by various inhabitants, the fire gap necessarily meant for avoiding any unfortunate incident has been drastically reduced.
In view of the above, the appellant sought the following information:
1. Attested copies of the same necessary documents related solely to the site plan envisioned for the 1978 fire victims of Shopian which was framed by the then Govt.
2. Factual details with regard to the original dimensions of this fire gap kept during the allotment
3. Detailed record of illegal encroachment initiated on this fire gap.
4. Steps taken to mobilise the original recorded dimensions of this fire gap.
PIO/Dy. Director, Urban Local Bodies, vide letter dated 03.01.2019 transferred the application to Exe. Officer, Municipal Committee, Shopian.
Having not received any reply from the PIO, Appellant filed First Appeal dated 25.01.2019. PIO/Exe. Officer, Municipal Committee, Shopian, vide letter dated 11.02.2019 furnished a point wise reply with respect to the facts mentioned by the Appellant, but stating that there is nothing further to communicate in this regard. He mentioned that further information related to the subject matter may be available with revenue authorities. Having not received any response from the FAA and dissatisfied with the PIO's reply, 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, video hearings were scheduled after giving prior notice to both the parties. Both parties participated in the hearing through video conference. The Appellant represented by his authorised representative emphasises on seeking information against query number 2 and other pertinent information about the fire gap. In view of the PIO's reply dated 11.02.2019, the Respondent's clarification is sought on queries 3 and 4 about encroachment of the fire gap. Respondent states that the information in this regard will be available with Asstt. Commissioner, Revenue, Shopian. The appellant mentioned that the instant issue was taken up by the State Information Commission and adjudicated vide an earlier order dated 03.07.2019, which is not a part of record.
Decision:
It is noted from the hearing that the specific information as pointed out by the appellant, is available with the Assistant Commissioner, Revenue, Shopian. Hence, it is imperative that the instant application be transferred to the actual custodian of information. In fact, this exercise should have been completed by Page 2 of 4 now by the Respondent-PIO/Executive Officer, Municipal Committee, Shopian. In any case, the Registry of this Bench is hereby directed to send a complete set of the Second Appeal paper book and a copy of this order to the Assistant Commissioner, Revenue, Shopian with a direction to provide necessary information against the 4 queries raised in the RTI application, particularly queries no. 2,3 and 4 about the fire gap. The reply from the Assistant Commissioner, Revenue Department, Shopian must reach the appellant within four weeks of receipt of this order, and a compliance report in this regard must reach the Commission by 30.10.2020.
The PIO, Municipal Committee shall also ensure that the directions passed by this Commission are duly communicated to the Assistant Commissioner, Revenue Department, Shopian for compliance within the stipulated time period. It is made clear that non-compliance of the above directions shall attract penal action, as per law.
The appeal is thus disposed off with these directions.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/ 011-26180514 Page 3 of 4 Page 4 of 4