Central Information Commission
Raghunathan K P vs Directorate General Defence Estates ... on 9 December, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File Nos: CIC/DIGDE/A/2023/644004
CIC/DIGDE/A/2023/644098
CIC/DIGDE/A/2023/644118
Raghunathan K P .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Cannanore Cantonment Board,
District Hospital PO, Kannur - 670013 .... ितवादीगण /Respondent
Date of Hearing : 28.11.2024
Date of Decision : 06.12.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeals are clubbed together as the Appellant
is common and subject-matter is similar in nature and hence are being
disposed of through a common order.
CIC/DIGDE/A/2023/644004
Relevant facts emerging from appeal:
RTI application filed on : 26.05.2023
CPIO replied on : Not on record
First appeal filed on : 26.05.2023
First Appellate Authority's order : 05.08.2023
2nd Appeal/Complaint dated : 11.09.2023
Information sought:
Page 1 of 12The Appellant filed an (offline) RTI application dated 26.05.2023 seeking the following information:
"Came to know that the building constructed in Ward No.2, known as E K Nayanar Academy and Museum has obtained CRZ Clearance from Kerala Coastal Zone Management Authority last year. The building was fully constructed few years before and was operational and they used to and till renting out to Public functions ie; Marriages/Receptions, Meetings, and other functions at a rate of Rs.25000/- for each function. Also noticed an average of 10 functions in each month. Now I understand you have regularised all constructions in the compound and also granted building numbers.
1. Copy of the plan submitted with application form (Annexure) for CRZ Clearance Submitted by you to Kerala Coastal Zone Management Authority.
2. Copy of CRZ Clearance from KCZMA.
3. Copy of the receipt of application fee paid to KCZMA.
4. Copies of the Current, Note files and registers available in your office regarding the process of regularising and allotment of building taxes, numbers.
5. Copy of Fire and Rescue Department NOC prior allotting Building numbers.
6. Copy of Pollution and environmental Department NOC prior allotting Building numbers.
7. The Date of construction application submitted to you by Project Proponent, The construction permission granted date, renewal dates, and last renewal's expiry date.
8. Number of times the project proponent applied for Completion report and to Allocate numbers after completion of the constructions? Copies of the applications submitted by applicant for completion certificates. Jai Hind."Page 2 of 12
Having not received any response from the CPIO, the appellant filed a First Appeal dated 26.05.2023. The FAA vide its order dated 05.08.2023, held as under:
"1. The appellant had filed an appeal dated 08-07-2023 against the RTI application dated 26-05-2023, 27-05-2023, and 30-05-2023. It is to informed that appeal is not maintainable on the ground itself, as separate appeals needs to be filed for each and every RTI application. It is seen that a common appeal has been filed for RTI application of different dates and different properties.
2. The CPIO is hereby warned that each and every application shall be disposed off within the time limit, otherwise action will be taken as per provisions.
3. Application dated 26-05-2023 had been examined and informed that With regards to para 1 to 3 various plan submitted by the EK Nayanar Academy. In the absence of date of plan, and date of document, this office unable to provide the information.
Information sought at Para 4 is rejected under Section 7(9) of the RTI Act.
4. As regards para 5,6 it is submitted various structures are existing in the premises. In the absence of the details of the building, for which information sought, the requisite information cannot be provided, by this office. As regards Para 7, in the absence of building details and various structures are therein the requisite information cannot be provided. Para 8, in the absence of building details and various structures are therein, the requisite information cannot be provided.
Application dated 27-05-2023 had been examined and reply given below.:
With regard to para 1, It is informed that records maintained by this office does not speak about any spinning mill, hence we are unable to provide the information as sought vide your application dated 27-05- 2023 Para 2 Due to absence of the term spinning mill in the records, we are unable to provide the requisite information.Page 3 of 12
Para 3, In the absence of specific date and building details we are unable to provide the requisite information, as various structure exist therein.
Para 4, In the absence of clear details of the building we are unable to provide the requisite information, as various structure exist therein.
Part B Para A-C, In the absence of the building details, we are unable to provide the requisite information sought, as various structure are existing in the premises, which are constructed at various intervals.
Para D, Due to absence of word spinning mill in the records maintained by us we are unable to provide the requisite information.
Para E, In the absence of the building details we are unable to provide the requisite information.
Para F & E, The owner has paid all the property tax till this year. It won't be assessed separately for the unauthorised building. Assessment will be done in combined manner. Hence we are unable to provide the requisite information.
Application dated 30-05-2023 had been examined and reply given below:
1. It is to inform that this office has got only one post of Overseer and present Overseer is Sri.Jiju Geevargheese.
2. The subject building cannot be treated as illegal construction as it has been constructed after the following all the mandatory proceedings by the competent authority. Since properties is not illegal, information can't be provided by this office."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/DIGDE/A/2023/644098 Relevant facts emerging from appeal:
RTI application filed on : 27.05.2023
CPIO replied on : Not on record
First appeal filed on : 08.07.2023
Page 4 of 12
First Appellate Authority's order : 05.08.2023
2nd Appeal/Complaint dated : 11.09.2023
Information sought:
The Appellant filed an (offline) RTI application dated 27.05.2023 seeking the following information:
"The information seeking is about Nayanar Academy Constructed in in ward No.ll of Cannanore Cantonment. Please provide me the following information.
PART-A
1. Name of the Spinning Mill which was demolished by The Trustee, Nayanar Academy who is the present owner.
2. Total numbers of buildings in this plot owned by the said Spinning Mill prior to demolish and the Building numbers.
3. Copy of the application and plans submitted to you to demolish the old building by the present owner.
4. Copy of the permission granted by you to demolish the old buildings to the present owner.
PART-B A. Name of the CEO who sanctioned the construction of present Nayanar Academy and his present work location and Designation. (Can find out from DG,DE or concerned web sites) B. The name of the Vice President and her postal address from your official file.
C. Copy of the construction permit issued to the present owner. D. How much was the last tax paid by the spinning mill owner. E. How much is the tax assessed for the new buildings per year. F. Till assessment Under Un-Authorised building, how much was the tax per year. (For taxation purpose Cantonment is To follow nearest Municipal tax procedure) E. Total pending property tax till this day from the owner after he bought this property."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 08.07.2023. The FAA vide its order dated 05.08.2023, held as under:
Page 5 of 12"1. The appellant had filed an appeal dated 08-07-2023 against the RTI application dated 26-05-2023, 27-05-2023, and 30-05-2023. It is to informed that appeal is not maintainable on the ground itself, as separate appeals needs to be filed for each and every RTI application. It is seen that a common appeal has been filed for RTI application of different dates and different properties.
2. The CPIO is hereby warned that each and every application shall be disposed off within the time limit, otherwise action will be taken as per provisions.
3. Application dated 26-05-2023 had been examined and informed that With regards to para 1 to 3 various plan submitted by the EK Nayanar Academy. In the absence of date of plan, and date of document, this office unable to provide the information.
Information sought at Para 4 is rejected under Section 7(9) of the RTI Act.
4. As regards para 5,6 it is submitted various structures are existing in the premises. In the absence of the details of the building, for which information sought, the requisite information cannot be provided, by this office. As regards Para 7, in the absence of building details and various structures are therein the requisite information cannot be provided. Para 8, in the absence of building details and various structures are therein, the requisite information cannot be provided.
Application dated 27-05-2023 had been examined and reply given below.:
With regard to para 1, It is informed that records maintained by this office does not speak about any spinning mill, hence we are unable to provide the information as sought vide your application dated 27-05- 2023 Para 2 Due to absence of the term spinning mill in the records, we are unable to provide the requisite information.
Para 3, In the absence of specific date and building details we are unable to provide the requisite information, as various structure exist therein.
Para 4, In the absence of clear details of the building we are unable to provide the requisite information, as various structure exist therein.Page 6 of 12
Part B Para A-C, In the absence of the building details, we are unable to provide the requisite information sought, as various structure are existing in the premises, which are constructed at various intervals.
Para D, Due to absence of word spinning mill in the records maintained by us we are unable to provide the requisite information.
Para E, In the absence of the building details we are unable to provide the requisite information.
Para F & E, The owner has paid all the property tax till this year. It won't be assessed separately for the unauthorised building. Assessment will be done in combined manner. Hence we are unable to provide the requisite information.
Application dated 30-05-2023 had been examined and reply given below:
1. It is to inform that this office has got only one post of Overseer and present Overseer is Sri.Jiju Geevargheese.
2. The subject building cannot be treated as illegal construction as it has been constructed after the following all the mandatory proceedings by the competent authority. Since properties is not illegal, information can't be provided by this office."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
CIC/DIGDE/A/2023/644118 Relevant facts emerging from appeal:
RTI application filed on : 30.05.2023 CPIO replied on : Not on record First appeal filed on : 08.07.2023
First Appellate Authority's order : 05.08.2023 2nd Appeal/Complaint dated : 11.09.2023 Information sought:
Page 7 of 12The Appellant filed an (offline) RTI application dated 30.05.2023 seeking the following information:
"Enclosed is a photograph of a building which is now running as a restaurant named PEGASUS north side of St. Therasas Higher Secondary School. Noticed that this construction falls in CRZ-Il as well the construction of the building is without following the By Laws of Cannanore Cantonment. Please provide me the following information.
1. The name of the overseer who recommended this construction permit.
2. If it was an illegal construction, which authority gave you the permission to regularise this construction as this is in CRZ notified area and copy of the document.
3. If it was an illegal construction, name of the overseer recommended this regularisation, name of the CEO and President who executed this regularisation.
4. Copies of all the documents related to this construction.
5. Copies of the pollution Control Board and Fire and Rescue Department NOCS.
6. Copy of the license issued to the restaurant owner.
Please attest the copies of the documents by CPIO with his Designation."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 08.07.2023. The FAA vide its order dated 05.08.2023, held as under:
"1. The appellant had filed an appeal dated 08-07-2023 against the RTI application dated 26-05-2023, 27-05-2023, and 30-05-2023. It is to informed that appeal is not maintainable on the ground itself, as separate appeals needs to be filed for each and every RTI application. It is seen that a common appeal has been filed for RTI application of different dates and different properties.
2. The CPIO is hereby warned that each and every application shall be disposed off within the time limit, otherwise action will be taken as per provisions.Page 8 of 12
3. Application dated 26-05-2023 had been examined and informed that With regards to para 1 to 3 various plan submitted by the EK Nayanar Academy. In the absence of date of plan, and date of document, this office unable to provide the information.
Information sought at Para 4 is rejected under Section 7(9) of the RTI Act.
4. As regards para 5,6 it is submitted various structures are existing in the premises. In the absence of the details of the building, for which information sought, the requisite information cannot be provided, by this office. As regards Para 7, in the absence of building details and various structures are therein the requisite information cannot be provided. Para 8, in the absence of building details and various structures are therein, the requisite information cannot be provided.
Application dated 27-05-2023 had been examined and reply given below.:
With regard to para 1, It is informed that records maintained by this office does not speak about any spinning mill, hence we are unable to provide the information as sought vide your application dated 27-05- 2023 Para 2 Due to absence of the term spinning mill in the records, we are unable to provide the requisite information.
Para 3, In the absence of specific date and building details we are unable to provide the requisite information, as various structure exist therein.
Para 4, In the absence of clear details of the building we are unable to provide the requisite information, as various structure exist therein.
Part B Para A-C, In the absence of the building details, we are unable to provide the requisite information sought, as various structure are existing in the premises, which are constructed at various intervals.
Para D, Due to absence of word spinning mill in the records maintained by us we are unable to provide the requisite information.Page 9 of 12
Para E, In the absence of the building details we are unable to provide the requisite information.
Para F & E, The owner has paid all the property tax till this year. It won't be assessed separately for the unauthorised building. Assessment will be done in combined manner. Hence we are unable to provide the requisite information.
Application dated 30-05-2023 had been examined and reply given below:
1. It is to inform that this office has got only one post of Overseer and present Overseer is Sri.Jiju Geevargheese.
2. The subject building cannot be treated as illegal construction as it has been constructed after the following all the mandatory proceedings by the competent authority. Since properties is not illegal, information can't be provided by this office."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Shri Jiju Geevarghese, Overseer cum Draftsman & CPIO present through Video-Conference.
Written submissions of the Respondent are taken on record.
The Respondent while defending their case inter-alia submitted that vide their letter dated 05.08.2023, all three RTI applications of the Appellant were replied by the FAA where complete point-wise reply/information as per the documents available on record has been provided to the Appellant.
With respect to delay, the Respondent tendered his unconditional apology for delay in providing information to the Appellant.
Decision:
The Commission upon a perusal of records observes that the main premise of instant appeals was non-furnishing of information by the CPIO and there is a Page 10 of 12 delay in providing information to the Appellant. The Commission observes that complete reply/information, as per the documents available on their record has already been provided to the Appellant as per his above-mentioned RTI applications.
It is an admitted fact that the CPIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant. The PIO can only provide information which is readily available in their records.
The Commission observes that there is a delay in providing reply/information to the Appellant on his above-mentioned RTI applications. In this regard, the Respondent/FAA are directed to be cautious in future and ensure that reply/information should be provided to the applicants within the stipulated period as per the provisions of the RTI Act.
The Commission further observes from the second appeals of the Appellant that he has not received the letter dated 05.08.2023 of the Respondent. In view of this, the Respondent is directed to send a copy of their letter dated 05.08.2023 to the Appellant along with a copy of their written submissions, along with enclosures, if any, within a period of four weeks from the date of receipt of this order.
The FAA is directed to ensure compliance with this order.
The above-mentioned second appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 11 of 12 Copy To:
THE FAA, CEO, Cannanore Cantonment Board, District Hospital PO, Kannur - 670013 Page 12 of 12 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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