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Central Information Commission

Mohammad Latif Zargar vs Ut Of Jammu And Kashmir on 17 June, 2022

                               के   ीय सूचना आयोग
                      Central Information Commission
                           बाबा गंगनाथ माग, मुिनरका
                      Baba Gangnath Marg, Munirka
                       नई द ली,
                             ली New Delhi - 110067

िशकायत सं या / Complaint No. CIC/UTOJK/C/2020/114676

Shri Mohammad Latif Zargar                             िशकायतकता /Complainant
                                  VERSUS/बनाम

PIO                                                    ... ितवादीगण /Respondent
Srinagar Municipal Corporation

Date of Hearing                      :    16.06.2022
Date of Decision                     :    17.06.2022
Chief Information Commissioner       :    Shri Y. K. Sinha

Relevant facts emerging from complaint:

RTI application filed on              :   04.10.2017
PIO replied on                        :   -
First Appeal filed on                 :   09.11.2017
First Appellate Order on              :   -
2ndAppeal/complaint received on       :   22.02.2021

Information sought

and background of the case:

The Complainant filed an RTI application dated 04.10.2017 seeking information on the following:-

The CPIO/Secretary, Srinagar Municipal Corporation vide letter dated 23.10.2017 furnished a reply to the Complainant forwarding the response received from the Ward No 04 dated 16.10.2017 containing 04 pages. Dissatisfied with the response, the Complainant filed a First Appeal dated 09.11.2017 which was not adjudicated by the First Appellate Authority as per available record.

Thereafter, the Complainant filed a complaint with the State Information Commission, J&K. The Deputy Registrar, State Information Commission, J&K, vide notice dated 11.01.2018 directed the appellant as under:-

The Deputy Registrar, State Information Commission, J&K, vide notice dated 05.02.2018 sought counter reply/statement from PIO, Srinagar Municipal Corporation, Srinagar, as under:-

Facts emerging in Course of Hearing:

The Complainant participated in the hearing through video conference. He alleged that land was acquired from him beyond the permissible limit by the R&B Department for widening of road and that a building in his neighbourhood was illegally converted into a shopping complex yet no action was taken against the officers involved in the commission of the alleged irregularities.

The Respondent represented by Shri Gulam Hassan Mir, Jt Secretary (Planning) Srinagar Municipal Corporation participated in the hearing through video conference. He reiterated his written submission dated 29.05.2022 wherein it was stated that the Complainant was seeking action taken by SMC to seal/ demolish the structure mentioned in the RTI application. A letter dated 04.12.2017 was sent by the then Chief Enforcement Officer communicating providing of police assistance for demolishing the illegal construction raised by Shri Ishfaq Ahmad Quadri but the demolition could not be executed as the offender produced the extension of Court order upto 14.12.2017. A report of Ward officer 04 was also there communicating that the offender had violated the court order but till now neither the demolition squad has been provided by the Enforcement Officer (East) nor action under the rules has been initiated against the offenders. Also ward officer 04 has written to the SHO, PS Rainawari vide letter dated 29.07.2017 for lodging FIR against the offender for violation of the Court order. The applicant was however advised to meet the Joint Commissioner (Planning) SMC personally in case he required more information and also to check records, if he so required.

Decision Keeping in view the facts of the case and the submissions made by both the parties, the Commission observes that the instant matter is a Complaint filed u/s 18 of the RTI Act, 2005 where the Commission is only required to ascertain if the information has been denied with a malafide intent or due to an unreasonable cause which the Commission is unable to conclude in the present instance.

Hence, no further intervention of the Commission is required in the instant Complaint which is dismissed accordingly. For redressal of his grievance, the Complainant is advised to approach an appropriate forum.

वाई.

                                                                        वाई. के . िस हा)
                                                         Y. K. Sinha (वाई         िस हा

Chief Information Commissioner((मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3