Central Information Commission
T. Ravi vs Department Of Land Resources on 19 November, 2019
Author: Neeraj Kumar Gupta
Bench: Neeraj Kumar Gupta
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/DOLRS/A/2017/176580
T Ravi ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, M/o. Rural Development, ... ितवादी /Respondent
Department of Land Resources
New Delhi.
Relevant dates connected with the order:-
Date of Hearing Status
04-07-2019 Adjourned
11-07-2019 Final disposal.
ORDER
1. The instant matter is listed today for further hearing. Earlier, the matter was heard by this Commission on 04-07-2019 and it was adjourned. Hearing:
2. The appellant, Mr. T Ravi was represented by his counsel, Mr. Aditya Kumar Choudhary (Advocate) in person. The respondent had already made his submissions on the previous date. The written submissions are taken on record.
3. The Ld. Counsel appearing on behalf of the appellant stated that the first appeal filed by the appellant was not disposed of within the timeline prescribed under the RTI Act, 2005. Further, he submitted that the land acquired by the State Industries Promotion Corporation of Tamilnadu Ltd (SIPCOT) vide notification dated 03.08.2007 has remained unused by the allottee/developer and even the compensation was not paid fully to the land owners. Hence, the respondent should be directed to clarify whether these land owners have a right to get back their agricultural lands.
Page 1 of 34. The respondent vide their written submissions submitted on 04.07.2019 has stated as follows:-
"No such information as sought for is available on records in this Department. However, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is being dealt by this Department. The RFCTLARR Act, 2013 is available on this Department's website i.e. www.dolr.nic.in."
Decision:
5. This Commission observed that the appellant is seeking clarification from the CPIO w.r.t. redressal of his grievance, which he is not obliged to answer under the RTI Act, 2005 in terms of the judgment of the the Hon'ble Supreme Court of India in CBSE and Anr. Vs. Aditya Bandopadhyay and Ors., 2011 (8) SCC 497. However, the respondent has already provided a web-link to the appellant w.r.t. the relevant provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Hence, the CPIO is not expected to provide the interpretation of the relating rules/provisions.
6. Further, the representative of the appellant has apprised this Commission that the first appeal of the appellant was not disposed of by the first appellate authority within the timeline prescribed under the RTI Act, 2005. Hence, this Commission views it seriously and the concerned FAA is hereby issued a warning for future to be careful and not to contravene the provisions of the RTI Act, 2005. It is also observed that the FAA(s) should be properly trained to ensure that the timelines prescribed under the RTI Act, 2005 are adhered to while responding to the first appeal(s).
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
नीरज कु मार गु ा)
Neeraj Kumar Gupta (नीरज ा
सूचना आयु )
Information Commissioner (सू
दनांक / Date 11-07-2019
Authenticated true copy
(अिभ मािणत स यािपत ित)
S. C. Sharma (एस. सी. शमा),
Dy. Registrar (उप-पंजीयक),(011-26105682)
Page 2 of 3
Addresses of the parties:
1. The Central Public Information Officer (CPIO), M/o. Rural Development, Dy. Secy. & CPIO, Deptt. Of Land Resource, NBO Building, Nirman Bhawan, New Delhi.
2. Shri T Ravi Page 3 of 3