Central Information Commission
Smt. Ramabai V. Undir vs Mumbai Port Trust on 30 January, 2009
CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/C/2008/00623
Dated, the 30th January, 2009.
Complainant : Smt. Ramabai V. Undir
Respondents : Mumbai Port Trust
This matter was heard on 20.01.2009 in the presence of the complainant's representatives, Miss Pratibha V. Undir and Shri Abhishek G. Koli and the respondents were represented by Shri G. Dutta, Deputy Estate Manager & PIO.
2. Complainant's second-appeal is related to her RTI-application dated 13.07.2007, which was disposed of by the Commission through a decision dated 10.07.2008 (F.No.CIC/AT/A/2008/00203).
3. Complainant has now filed a petition dated 02.08.2008 charging the CPIO with supplying her misleading and incorrect information.
4. In order to establish the link of the present complaint with the RTI-application of the complainant, dated 13.07.2007, it is to be noted that while disposing of the first-appeal relating to that RTI-application, Commission in its decision dated 10.07.2008 had given the following direction to the respondents to disclose information as stated below:-
"4. During the hearing, the appellant's rep. submitted that presently she would like to restrict her queries mainly to two items, viz.:-
(A) A liability statement from the public authority for her occupancy of plot no.11-1 at Jamshed Bander.
(B) All information relating to item no.6 in the appellant's RTI-application which reads as follows:-
"6. Please state how many acres of land occupied by illegal occupant / huts with how much charges recovered from them in all & per year, month for utilization of MBPT land with all locations on map. Please state whether MBPT have regularized above illegal huts & if so, please furnish the copies of sanctions of GOI, MBPT authorities for the same and if not so far regularized, then AT-30012009-50.doc Page 1 of 4 why MBPT have not removed the same unauthorized huts & keep the area clean, free open to sky or please state as to why MBPT have not filed Suits before the concerned judicial authority under PPE Act to illegal occupations on MBPT land as was done to me. Please state how the electricity & water supply connections are provided to these illegal occupations without written 'NOC' from MBPT and with whose consent. Please state whether this fact ever been put up before the Board of Trustee's of Port of Mumbai till date for decision in the matter and if not, why not? Please give proper justification."
5. Accordingly, respondents furnished a reply to the complainant, dated 29.07.2008, operative portion of which read as follows:-
"This is with reference to the order of the Central Information Commission dated 10.07.08 under reference under Secretary Department's, Mumbai Port Trust letter number SECY/G- OA/RTI/CIC/5188 Dated 17th July 2008.
2. As regards Para 4(A) of the order under reference, it is to inform you that without prejudice to the rights & contentions, in L.E.S. Suit No.117/141 of 1985, Board of Trustees of Port of Mumbai V/s. yourself & the Hon. Supreme Court Judgment dated 13.01.04 in the civil appeal number 5559 of 2001, the liability statement in respect of your occupation under reference i.e. Monthly-Tenancy-Plot-Number-11A at Jamshedji Bunder has been furnished to you by the concern officer of estate department vide his letter number EM/U-14/JB/P11A/12/11939 Dated 19.2.2005 (copy enclosed) [sic]. Further to same, in reply to your application in the above referred pending suit in the small causes court, the liability statement was also furnished by the concern officer to P.T. Advocated vide estate department's letter dated 07.02.08, copy of the said liability statement as in exists in record of the concern division of Estate Manager is also forwarding herewith for your information.
3. As regard Para 4(B) of the order under reference, it is to inform that most of the hutments within the jurisdiction of Mumbai Port Trust are on waterfront operational area i.e. on Water-Basin, Wharfs and also on underused or presently unused Railway-tracks / lines, roads/lanes, ramp & footpaths of MbPT and under the control & jurisdiction of the respective operational departments that (i) 'Traffic Manager', MbPT (ii) 'Railway Manager', MbPT & (iii) 'Chief Engineer', MbPT respectively and the Board of Trustees have been apprised of the fact about the hutments in all localities of MbPT vide Trustees Resolution No.116 dated AT-30012009-50.doc Page 2 of 4 13.08.02, copy of which along with location place of the same are enclosed herewith for your information [sic].
However, following are the Public Information Officer (P.I.O.) under RTI Act of the said operational department and as the subject matter on hutments / slums on such operational areas is more closely connected with the control & jurisdictions of the said public authorities under Mumbai Port Trust and the information parting to the same unused / underused operational areas are held at their end, copy of this letter is also endorsed to the said public authorities under RTI Act for further necessary action at their end.
(i) Shri M.B. Kazi, Public Information Officer & Dy. Dock Manager, Traffic-Department, MbPT (Tele:66565301)
(ii) Shri V.S. Raghavan, Public Information Officer & Dy. Railway Manager, MbPT (Tele:66564151)
(iii) Shri G.M. Yarandekar, Public Information Officer & Dy.C.E., Civil Engineering Department (Tele:66564033) Regarding illegal hutments at Jamshedji Bunder it is to also inform you that there are only 14 tenancies / plots at Jamshedji Bunder, including your occupation under reference which were transferred by the Traffic-
Manager, MbPT in the year 1990 to Estate-Manager vide his letter nos.B/10-21/1164 dated 28.4.90 & B/10-21/6564 dated 20.8.90 (Copies enclosed) [sic] in accordance to Boards decision in the matter vide T.R.No.26 of 1990 and presently under control & jurisdiction of Estate Manager, MbPT & no illegal hutments / slums are situated in these tenancies / plots under Estate Department. Most of the slums/hutments, adjacent to your occupation under reference, namely 'Sundar-Nagar- Slum', 'Azad-Nagar-Slum', 'Abu-Bakar-Chawl' etc. at Jamshedji Bunder are not situated with in Mumbai Port Trust jurisdiction at Jamshedji Bunder, however, several huts are allotted by the Docks Department, MbPT at Jamshedji-Bunder on operational land/wharf under Section-X of "BSR" framed under Major Port Trust Act and under the control & Jurisdiction of the said Dock's Department for recovery of charges or any other action under the said "BSR" framed by the Traffic-Manager, MbPT. As the subject matter is closely connected with the function of the said public authorities and the information parting to the said huts at Jamshedji Bunder allotted & hold at their end, you may approached [sic] to the concern [sic] P.I.O. under RTI Act i.e. Shri M.B.I.Kazi, P.I.O. & Dy. Docks Manager, Traffic Department, MbPT as given above, to whom copy of this letter is also endorsed for further necessary action at his end."
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6. Complainant, not satisfied with the replies received from the respondents, filed a complaint dated 02.08.2008 impeaching the validity of the information provided to the complainant by the respondents.
7. The first point to be noted about the complaint of the complainant is that contrary to what was directed in CIC's order dated 10.07.2008, she has now widened the scope of her queries made to the respondents. She cannot be allowed to do so. The main focus of the above-mentioned order of the Commission was to ensure that the respondents provide her data about the encroachments and the location of those encroachments. It is found that CPIO has not only provided the information as directed by the Commission, he has also prepared a map in which the location of the encroached land in Jamshedji Bunder has been identified. In Commission's view, the information now provided to the complainant meets the requirement set out in Commission's above-mentioned order. Complainant will not be allowed to interrogate the respondents about her several concerns for which she will have to seek redressal from other appropriate fora. It is not out of place to mention here that the complainant herein is now engaged in a legal battle with the respondents about her own encroachment in a piece of land, which belongs to the respondents and her attempts to elicit a variety of information from the respondents is directed at refurbishing her own case now before law courts.
8. In the Commission's view, the disclosure of information now done by the respondents is entirely within the scope of the direction given by the Commission in its order dated 10.07.2008. The complainant's plea that the information was unrelated to those directions, is untenable and is rejected.
9. Complaint is closed at the Commission's end.
10. Copy of this decision be sent to the parties.
( A.N. TIWARI ) INFORMATION COMMISSIONER AT-30012009-50.doc Page 4 of 4