Central Information Commission
Dr. Sharad Gupta vs Archaeological Survey Of India on 28 June, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/ALSOI/A/2023/637486
Dr. Sharad Gupta ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Archaeological Survey of India
Date of Hearing : 26.06.2024
Date of Decision : 26.06.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 03.04.2023
PIO replied on : 01.05.2023
First Appeal filed on : 20.05.2023
First Appellate Order on : 30.05.2023
2 Appeal/complaint received on
nd : 01.08.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 03.04.2023 seeking information on following points:-
A. "Please provide me the certified copies of the details that how many illegal constructions like Houses, Residential colonies, Hotels, Markets, Roads etc. has been constructed without due permission from your office within the protected area of ASI protected monuments of Agra city. Please provide information as Name of Monument where encroachment took place, Name of each encroacher/Owner of illegal construction, Nature of illegal construction, Date of Encroachment, Area of Encroachment/Illegal construction from the period of 01-01-2010 upto providing this information. B. Please provide me the certified copies of each Show Cause Notices/Demolish Notices which has been issued/served to each such encroachment/illegal construction by your office or your higher authorities as per ASI norms from the period of 01-01-2010 upto providing this information.
C. Please provide me the certified details that what action has been taken against each encroachment/illegal construction like: FIR, Demolition, Penalties etc., who has built up the encroachment/ illegal construction within the protected/regulated area of ASI protected monuments of Agra circle from the period of 01-01-2010 upto providing this information.
Page 1 D. Please provide the details that that what is the current status of each and every such encroachment/illegal construction of which you have filed FIR."
The CPIO, Archaeological Survey of India, Agra vide letter dated 01.05.2023 replied as under:-
1. After Amendment in the AMASR Act 2010 this office is not empowered to grant permission for construction in prohibited and regulated areas, hence rest question does not sustain 2 & 3 Questions are not clear, as separate provision is there in the act for encroachment or illegal construction.
4- Since. Question is not clear, hence this office is unable to provide copy of FIR.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.05.2023. The FAA vide order dated 30.05.2023 furnished a fresh reply, which is as under:-
1- "Provided information reviewed and finds that the provided information under RTI Act-2005 is in order.
2- Appeal is reviewed and it is found that copy of documents can be shared in public interest and which is approximately 18000 (eighteen thousand) pages for the desired period and this may even go beyond 18000 (eighteen thousand) hence it is requested to please deposit Rs 36000/- (18000 x 2(per page)=36000/-) D.D. in respect of S.A., ASI, Agra Circle, Agra. As per RTI Act 2005. So that the desired documents may be supply to you.
3&4- Information pertains to C & D will contain in the pages to be supplied under point B."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 20.06.2024 has been received from the Appellant and same has been taken on record for perusal.
Facts emerging in Course of Hearing:
Appellant: Present through video-conferencing.
Respondent: Mr. Mahesh Chand Meena, Assistant Library Information Officer and Mr. Rajnarain, Deputy Secretary- participated in the hearing.
The Appellant stated that the relevant information has not been furnished to him till date. He stated that the CPIO in his reply has denied the information on frivolous ground. He stated that the FAA in his order has demanded Rs 36000/- from the appellant on the 56th day, which is complete violation of the provision of Section 7(6) of the RTI Act 2005, which clearly states that the information should have been provided within 30 days and if the information was provided after 30 days, the PIO should have provided it free of cost.
Page 2 The Respondent stated that the information sought by the Appellant comprises approximately 18000 pages and accordingly the Appellant was requested to remit Rs 36000/-. They offered inspection of record to the Appellant.
Decision:
Commission based on the averment made by the parties during hearing, directs the PIO to provide an opportunity to the Appellant or his authorised representative, to inspect available and relevant records as sought in the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and/or in writing.
In case, relevant information pertains to some other Branch/Department, then the concerned PIO should procure and provide relevant documents for the said inspection. Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of prescribed fees as per RTI Rules, 2012. However, no information shall be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005. In case, relevant record contains any third-party information or any other exempted information then same must be redacted or blacked out as per section 10 of the RTI Act prior to the said inspection.
The said direction should be complied within 30 days from the date of receipt of this order and accordingly compliance report to this effect be duly sent to the Commission by the PIO. No further action lies.
Appeal is disposed of according.
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 Page 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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