Central Information Commission
Rajinder Malhotra vs Ut Of Jammu And Kashmir on 18 April, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2022/152706
Shri Rajinder Malhotra ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, UT of Jammu and Kashmir ...प्रनतवािीगण /Respondent
Date of Hearing : 16.04.2024
Date of Decision : 16.04.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 29.06.2022
PIO replied on : 22.07.2022
First Appeal filed on : 10.09.2022
First Appellate Order on : NA
2 Appeal/complaint received on
nd : 20.11.2022
Information soughtand background of the case:
The Appellant filed an RTI application dated 29.06.2022 seeking information on following points:-
"a) About procedure, norms and Rules to be adopted by the Patwari Concerned for ISSUE OF FARD AKAS TATIMA for land within (i) Municipal Limits (ii) Out of Municipal Limits (iii) Rural Areas.
Provide complete information prescribed by the J&K UT Revenue Department/ Gen. Administration Department.
FOR PURPOSE OF -
1) Sale of land within Municipal Limits AND for Mortgage purposes
11) Mortgage of land with the Financial Organizations / Sale of land falling within Out of Municipal Limits.
iii) Sale/Mortgage of land within Rural Areas.
b) About Prior physical position/condition of land heeds to be verified prior to issuance Fard Aks Tatims of land (within Municipal Limits, Out of Municipal Limits and Rurual Areas), And condition/Norms/Procedure to be viewed seriously Prior issuance of FAT.
c) About Physical Inspection of land against which Fard Akas Tatima is to be issued has to be either jointly under taken by Patwari and Girdawari under supervision of N-Tehsildar.
And information Designated Officer who certifies the FAR AKAS Tatima. Etc."
The CPIO vide letter dated 22.07.2022 replied as under:-
Page 1 "Refer your RTI Application dated: 29-06-2022, in which you have sought the information, which involves advices/opinion/interpretations relating to the law points. It is pertinent to mention here to kindly refer the observations of Hon'ble Supreme Court of India, circulated by Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Trainings vide No.1/18/2011-IR dated: 16th September, 2011, in which the observation of Hon'ble Supreme Court of India has been reproduced as under:-
The RTI Act provides access to all information that is available and existing. If a public authority has any information in the form of data or analyzed data, or abstracts, or statistics, an applicant may access such information, subject to the exemptions of section 8 of the Act. But where the information sought is not a 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 regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non available information and then furnish it to an applicant. A public authority is also not required to furnish information which require drawing of inference and/or making of assumptions. It is also not required to provide 'advice 'or 'opinion' to an applicant, nor required to obtain and furnish any 'option' or 'advice' to an applicant. The reference to 'opinion' or 'advice' in the definition of 'information' in section 2(f) of the Act only refers to such material available in the Records of the public authority..........." The said observation stands further circulated by General Administrative Department, Govt. of Jammu & Kashmir vide No: GAD (Adm) 110/2009-V (iii) dated 14-12- 2011. (Copies of observations enclosed).
So you are advised to refer land revenue Act, Svt 1996, its recent amendment, Circulars thereof issued from time to time by the Govt/Competent authorities and, standing orders & Agrarian Reform Act and rules governing the matter which are available in public domain."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.09.2022 which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Not present Respondent: Shri Bharat Bhushan Bhagat - CPIO was present through video conference during hearing.
The Appellant was not present for the hearing despite service of hearing notice in advance of hearing notice.
The Respondent reiterated from the PIO's reply and placed reliance on the written submission dated 10.04.2024 mentioned hereinabove to substantiate his contentions that information available on record with the public authority had been duly furnished in terms of the provisions of the RTI Act.
Decision:
Upon perusal of records of the case and after hearing submissions of the Respondent, it is evident that appropriate reply based on records available with Page 2 the public authority had been duly sent by the PIO, in terms of the provisions of the RTI Act.
It is noted that the written submission dated 10.04.2024 filed by the Respondent before the Commission contains detailed, comprehensive and self explanatory information. Hence, the Commission hereby directs the PIO to send a copy of the written submission dated 10.04.2024, to the Appellant, within two weeks of receipt of this order. The Respondent shall also submit a compliance report in this regard before the Commission, within one week thereafter. No further intervention is warranted in this case, under the RTI Act. The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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