Central Information Commission
S A Sridhar vs Ministry Of Defence on 21 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DODEF/A/2023/123310
S A Sridhar .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Cantonment Board, St Thomas
Mount cum Pallavaram, North
Parade Road, Chennai - 600016 ....प्रनर्वािीगण /Respondent
Date of Hearing : 14.08.2024
Date of Decision : 19.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 27.02.2023
CPIO replied on : 29.03.2023
First appeal filed on : 31.03.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 22.05.2023
Information sought:
The Appellant filed an RTI application dated 27.02.2023 seeking the following information:
"Kindly provide me with the General Land Register Extract (GLRS Extract) for the following Revenue Survey Numbers and oblige. The extents mentioned here below are as per TN Revenue Department records and if there is any variation in extents still the GLRS extracts may kindly be furnished.
Re Sy No Extent 254 2 Acres 13312 sft 40810 Acres 12302 sft 4321 Acre 23713 sft Page 1 of 4 12200 Acre 8882 sft 13980 Acre 27474 sft 14713 Acres 33158 sft 19108 Acres 2804 sft"
The CPIO furnished a reply to the Appellant on 29.03.2023 stating as under:
"With reference to above, please provide the details of GLRS Numbers with location, so that the Cantonment Board may be able to provide the GLRS extracts."
Being dissatisfied, the appellant filed a First Appeal dated 31.03.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Shri Krishnamurthy, CPIO-cum-Office Superintendent, attended the hearing through VC.
The Appellant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application. The Respondent submitted that the Appellant in his RTI Application has not provide the details of GLRS Numbers with location in order to provide the GLRS extracts. He added that the First Appellate Authority vide order dated 08.06.2023, has also informed the Appellant as under:
"2. In connection with the RTI Application cited at reference (i) above, the reply was already given to you vide letter referred (ii) above.
3. However, you have submitted RTI Appeal as referred (iii) above. In this connection, it is once again requested to provide the details of GLRS Numbers with location.
4. It is pertinent to mention here that there is no authenticated/certified records & maps in Cantonment Board regarding corresponding revenue Survey Numbers details for GLRS Numbers & hence the reply for your RTI Application cannot be able to furnish by the under signed.
5. However, you are advised to approach the State Government Revenue Authorities to know the details about the Revenue Survey Nos. as mentioned in your RTI Application."
He further volunteered to provide the inspection of available records to the Appellant. The Appellant also agreed for the same. A written submission has been received from Dr. Vinod Vikneswaran A, CEO- cum-FAA, vide letter dated 15.08.2024, a copy of which has been sent to the Page 2 of 4 Appellant and the same has been taken on record. The relevant extract of the same is as under:
"2. Vide Cantonment Board, St. Thomas Mount cum Pallavaram letter cited at reference (ii) above, the information/reply has furnished to Mr.Sridhar.S.A for his RTI application cited at reference (i) above (Annexure 'A').
3. Further, vide Cantonment Board, St. Thomas Mount cum Pallavaram letter cited at reference (iv) above, the reply has been given to Mr.Sridhar.S.A for his RTI Appeal cited at reference (iii) above (Annexure 'B').
4. Further, Mr.Sridhar.S.A has filed Second Appel dated 22.05.2023 before the Honourable Central Information Commission, Bada Gang Nath Marg, Munirka, New Delhi 110 067 cited at reference (v) above.
5. Since the necessary reply has already been given by CPIO and First Appellate Authority vide letters cited at reference (ii) & (iv) above.
6. In view of above, it is kindly requested the Honourable Information Commissioner may please dispose the subject case accordingly.
7. Thanking you."
A written submission has been received from the Appellant vide letter dated 14.08.2024, praying as under:
"PRAYER The facts stated in the recital are just examples and for the brevity of space and time, I am not reproducing all the Board Resolutions available on the web-site of Cantonment Board - St Thomas Mount cum Pallavaram but it is an established fact that my requested information are very much available with the O/o Cantonment Board- St Thomas Mount cum Pallavaram.
1) In view of the foregoing, I humbly request the Hon'ble Commission to pass suitable orders to the O/o Cantonment Board St. Thomas Mount cum Pallavaram to furnish me the requested information at once and uphold the spirit of Right To Information Act' 2005.
2) I am also agreeable to the fact that if O/o Cantonment Board - St Thomas Mount cum Pallavaram provides me GLR extracts of all land parcels within Wards I to IV of St Thomas Mount village and I shall make additional payment of the applicable charges.
3) If the denial of information is held as incorrect, then I pray that penal provisions u/s 20(1) of Central Act be waived for CPIO/FAA but they be directed to provide me the requested information free of cost."
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Page 3 of 4 Appellant in his RTI Application has not provided the details of GLRS Numbers with location without which the Respondent is not able to provide the information pertaining to GLRs extracts. During the hearing, the Respondent has offered an opportunity of inspection of available records to the Appellant. Therefore, the Commission directs the CPIO to facilitate an opportunity of inspection of the available and relevant records to the Appellant on a mutually decided date & time but within four weeks. The intimation of the date and time of the inspection shall be provided to the Appellant by the CPIO telephonically and in writing. In the process of facilitating the inspection and providing subsequent copies of the record, the CPIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 of the RTI Act read with Section 10 of the RTI Act. Copy of documents that the Appellant desires during the inspection shall be provided by the CPIO free of cost up to 20 pages, for pages exceeding this limit, CPIO may charge prescribed fees as per RTI Rules, 2012. The above directions shall be complied with by the CPIO within four weeks from the date of receipt of this order. The First Appellate Authority is directed to ensure the compliance of the above order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA Cantonment Board, St Thomas Mount cum Pallavaram, North Parade Road, Chennai - 600016 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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