Central Information Commission
Tmt. V Rojamani vs Southern Railway on 10 November, 2021
CIC/SORLY/A/2019/154852
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/SORLY/A/2019/154852
In the matter of:
Tmt. V Rojamani ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
DGM(G) Nodal CPIO, Southern
Railway, GM Office, HQ RTI Cell,
Ground Floor, Park Town,
Chennai-600003
Relevant dates emerging from the appeal:
RTI Application filed on : 26.06.2019
CPIO replied on : Not on Record
First Appeal filed on : 13.09.2019
First Appellate Authority order : Not on Record
Second Appeal received on : 14.11.2019
Date of Hearing : 09.11.2021
The following were present:
Appellant: Absent (despite being served the hearing notice).
Respondent: Shri C. Muthiah, APIO and Secretary to CAO/CN/MS participated in
the hearing upon being contacted on his telephone.
Page 1 of 6
CIC/SORLY/A/2019/154852
ORDER
Information sought:
The Appellant filed an RTI Application dated 26.06.2019 seeking information as under:
"Ref Letter No: W.271/III/II/CN dated. 27.03.1992 of the CE/Construction, Southern Railway.
The Southern Railway has been acquiring my family lands since 1952 for laying rail roads, Construction of railway bridge and bye-pass railway lines etc. At no point of time, it cared to provide employment to my family members or improved house sites or share in profit of Indian Railways or other benefits for landowners for which they are entitled.
Hence my husband submitted a Petition to the General Manager Southern Railway seeking Employment and improved house sites on 23.10.1989 for my family members. The above referred letter directed my husband to approach Revenue Authorities. When we approached them, they did nothing for my family. The SR has acquired my family's land in 1989 for laying Erode-Bangalore bye- pass line and as the amount received was very meager, my husband has filed a case for enhancement of the award. The LAOP Court, Vellore has ordered enhanced amount on 07.09.2015 as per LAOP No: 863/2013. The enhanced amount is yet to be paid.
Moreover, in 2012, for construction of Railway over bridge in my village, my family lands and part of my house was acquired for which compensation is yet to be paid.
In this background I wish to seek the following information:
1) Has the SR deposited the enhanced amount of compensation as per above court order to the Revenue authorities concerned?
2) The Revenue Department says that their duty is only acquiring lands and the land owners should approach the concerned dept, for which lands are acquired, for employment or improved house sites etc. vide letter No:
DI/8229/2019 dated 21.05.2019 of the District Collector. Vellore. Shall we directly apply for employment, share in profit. improved house sites. and for other benefits, for which we are entitled to the General Manager, SR?Page 2 of 6
CIC/SORLY/A/2019/154852
3) We give lands for public purpose sacrificing our livelihood place births and other convenience. The land Acquisition Authorities are polite and kind till land acquisition is over and after that, they evade land owner's demand it may well apply to southern Railways also. it seems, Railway Employees secure jobs for their wards submitting Medical Certificate to the effect that they are unlit to continue. The farmers, who last their lands by frequent land acquisitions, become handicapped by the indifferent attitude of the authority's concerned Will the SR Provide employment to my Grandsons S. Poovarasan B.E (Mech.Engg) and S. Poongundran B.Sc. LLB. in Indian Railways? And other benefits like improved house sites, share in profit etc."
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 13.09.2019, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non- receipt of information from the Respondent. The Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate despite being served the hearing notice.
The Respondent reiterated the contents of the written submission dated 29.10.2021. Upon queried by the Commission as to whether a copy of the written submission has been sent to the Appellant, he replied in affirmative.
A written submission has been received by the Commission from Shri C. Muthiah, APIO and Secretary to CAO/CN/MS vide letter dated 29.10.2021, wherein he has apprised the Commission as under:Page 3 of 6
CIC/SORLY/A/2019/154852 Page 4 of 6 CIC/SORLY/A/2019/154852 Contents of letter dated 20.08.2019 is as under:
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the averments made by the Respondent vide written submission dated 29.10.2021 is satisfactory and the same is upheld. Moreover, since the Appellant has not participated in the hearing to buttress her case, the Commission finds no further scope of intervention in the instant matter.
With the above observations, the instant Second Appeal is disposed of.Page 5 of 6
CIC/SORLY/A/2019/154852 Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove(अिमता पांडव) Information Commissioner(सूचना आयु ) दनांक / Date: 10.11.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Southern Railway, GM Office, HQ RTI Cell, Ground Floor, Park Town, Chennai-600003
2. The Central Public Information Officer DGM(G) Nodal CPIO, Southern Railway, GM Office, HQ RTI Cell, Ground Floor, Park Town, Chennai-600003
3. Smt. Tmt. V Rojamani Page 6 of 6