Faisal Bashir Shah vs Ut Of Jammu And Kashmir on 19 November, 2024

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Central Information Commission

Faisal Bashir Shah vs Ut Of Jammu And Kashmir on 19 November, 2024

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/UTOJK/A/2023/650308

Shri Faisal Bashir Shah                                           ... अपीलकताग/Appellant
                                    VERSUS/बनाम

PIO, UT of Jammu and Kashmir                                 ...प्रनतवािीगण /Respondent

Date of Hearing                           :   14.11.2024
Date of Decision                          :   14.11.2024
Chief Information Commissioner            :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :            21.01.2023
PIO replied on                    :            14.03.2023
First Appeal filed on             :            06.05.2023
First Appellate Order on          :            - -
2ndAppeal/complaint received on   :            Nil

 Information sought

and background of the case:

The Appellant filed an RTI application dated 21.01.2023 seeking information on the following points:-

1) "Fixed fee per square foot in residential and commercial. And how much revenue was collected in the last 15 years is basis of building permission fess and structure fee.

2) Provide me a Xerox copy of items that were seized during the market checking and when there was information related to illegal construction. Provide the list for almost one year.

3) Expenditure bills and reports of all offices, division offices, subordinate, ward offices on vehicles allotted to them.

4) Number of awareness programs conducted on solid, bio-degradable waste in last three years.

5) Number of a meeting conducted in council for last three years, kindly provide the minutes of such meetings.

6) Status report of section 4(b) on pro actively disclosure of such information.

7) Inspection of files and relevant documents of above Sought Information under section 2 (j)(i) of RTI Act

8) If the information sought is huge and Bulky please provide me the requested information in any electronic form as mentioned under section 2(j)(iv)."

Page 1 of 3

The CPIO, Chief Enforcement Officer, SMC vide letter dated 14.03.2023 replied as under:-

"Refer your RTI application No. SEKT/RTI/1009 dated: 21.01.2023 addressed to the Public Information Officer, SMC wherein you have stated at point No. 02 that "provide the list for almost one year when there was information related to illegal construction".

In this regard, you are advised submit the specific list of illegal construction to this office, so that requisite information will be provided to you under RTI Act, 2005."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 06.05.2023 which was not adjudicated by the FAA as per available records.

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: Present through video conference Respondent: Shri Sohaib Ul Islam-CPIO and Shri Gulzar- Jt. Commissioner, Planning - Srinagar Municipal Corporation were present through video conference during hearing.

Hearing was scheduled after giving prior notice to both the parties.

The Appellant stated that desired information had not been received in this case from the Respondent- Srinagar Municipal Corporation. The Respondent from the Srinagar Municipal Corporation on the other hand stated that most of the information like fees per square foot, revenue collected, expenditures etc. are already available on their website. The Respondent also stated that reply had been sent to the Appellant on 22.10.2024. The Appellant opposed the contentions of the Respondent.

Decision:

In the light of the aforementioned facts of the case at hand, it is noted that there is contradiction in the submissions of the parties and no document on record to support the Respondent's contentions. Accordingly, the Respondents present for the hearing are directed to send a revised reply containing appropriate information to the Appellant, within four weeks of receipt of this order. A compliance report must be submitted by the Respondents from Srinagar Municipal Corporation, before the Commission within one week thereafter.

Before concluding the decision, the Commission advises the Srinagar Municipal Corporation to ensure suo motu disclosure of maximum information on their website, in compliance of the provisions of Section 4 of the RTI Act in order to promote transparency and accountability in functioning of the public authority. However, while proactively disclosing the information, due caution should also be Page 2 of 3 exercised by the Respondent to strictly adhere to the provisions of the Section 8 and 9 RTI Act and redact any information which falls under any of the exemption clauses by applying the severability clause as laid down under Section 10 of the RTI Act.

It is made clear that non adherence of the aforesaid directions shall attract penal action in future, as per law.

The appeal is disposed off with the above directions.

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 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

1. It is recommended to maintain records in digital form for proper management and ease of access in compliance with clause (a) of sub-section (1) of section 4 of the RTI Act, 2005.

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