Central Information Commission
Raghubir Singh vs General Administration Department Ut ... on 18 April, 2024
Author: Heeralal Samariya
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/2022/631191
नितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2023/112572
नितीय अपील संख्या / Second Appeal No. CIC/GADJK/A/2023/112574
Shri Raghubir Singh ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
UT of Jammu and Kashmir
PIO,
General Administration Department UT of J & k
Date of Hearing : 12.04.2024
Date of Decision : 15.04.2024
Chief Information Commissioner : Shri Heeralal Samariya
Second Appeal No. CIC/UTOJK/A/2022/631191
Relevant facts emerging from appeal:
RTI application filed on : 03.03.2022
PIO replied on : 05.04.2022
First Appeal filed on : 04.04.2022
First Appellate Order on : 14.05.2022
2 Appeal/complaint received on
nd : 06.06.2022
Second Appeal No. CIC/UTOJK/A/2023/112572
Relevant facts emerging from appeal:
RTI application filed on : 13.12.2022
PIO replied on : - -
First Appeal filed on : 12.01.2023
First Appellate Order on : - -
2 Appeal/complaint received on
nd : 03.03.2023
Second Appeal No. CIC/GADJK/A/2023/112574
Relevant facts emerging from appeal:
RTI application filed on : 14.12.2022
PIO replied on : - -
First Appeal filed on : 13.01.2023
First Appellate Order on : - -
2ndAppeal/complaint received on : 28.02.2023
Page 1 of 9
(1) नितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2022/631191
Information soughtand background of the case:
The Appellant filed an RTI application dated 03.03.2022 seeking information on following points:-
"The following information in respect of acquisition of requisitioned land, by the Army, 320 Kanal (40 Acres) at village Kharian Tehsil R.S. Pura case No J&K-2356/REQ may be supplied:-
A. Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 2013 was made applicable in Jammu & Kashmir vide schedule Fifth, Table 1, serial No 94, of Jammu & Kashmir reorganisation Act 2019 dated 09.08.2019. Please let the applicant know, why the same is not being implemented in above acquisition case. B. Jammu & Kashmir Requisition and acquisition of immovable property Act 1968 was repealed vide schedule Fifth, Table -3, serial No 133, of Jammu & Kashmir reorganisation Act 2019 dated 09.08.2019. Please let the applicant know, under which law you are continuing making the award under this act.
C. Under the provision sec 19 (2) of Right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 2013 the appropriate government is required to publish the declaration within a period of twelve months from the date of publication of preliminary notification under section 11. In this case form "I" was published on 16.07.2016 and form "J" was published on 12.07.2021 ie after FIVE YEARS. Whereas vide sec19 (7) - where no declaration is made within twelve months from the date of preliminary notification, then such notification shall be deemed to have been rescinded. Please let the applicant know, under which law you are overriding the deemed rescinded notification.
D. With reference to sec 8 of the requisitioning and acquisition of immovable property act, 1952, comments reproduced as:-
"ser No (2) S.8 (3) thereunder Acquired land already under requisition for nearly twelve years and round about being developed as building land- compensation for acquired land-building and development potentiality of acquired land would also increase resulting in rise in market value. This is not some distant building potentiality but will be a factor to be taken into account in determing market value of land on date of acquisition for purposes of compensation (AIR 1970 Bom 18)." Why this point cannot be taken into account.
E. Please let the applicant know why the report of the Tehsildar R.S. pura has been ignored.
F. Should we understand that this is a punishment to the poor refugees for their lodging the grievance with the CPGRAM after more than 50 years victimization by your department."
The Asstt. Commissioner (Rev), Jammu vide letter dated 05.04.2022 replied as under:-
Page 2 of 9"As and when any land is required by the Defence authorities for defence purposes, indent is placed for the purpose by the Competent authority with the Deputy Commissioner. Copies of relevant Revenue documents are collected, examined and processed and Form-I is issued by the Deputy Commissioner informing the land owners through Tehsildar concerned that particular land is required to be acquired for defence purposes and they should file their objections in the matter within 15 days. After considering their objections, If any, and completing other formalities, under the RAIP Act and Rules framed thereunder, reference is made to the Home Department for the issuance of Form-J, which is carried by them under due process of law. But as the things stand the Act provide publication of preliminary notice only. However, in the process the land owners are asked to file their objections in the matter of rates of their land with supporting documents. SOM.
It may be noted here that the Act an Rules contain elaborate provisions for processing the cases under the Act. These provisions are complete and mandatory in nature and are followed strictly at all level. Even the land holders are provided opportunities to file their say/objections at relevant stages. Therefore no difficulty is faced by them in getting their cases processed under due process of law.
`In regard to para N and O, it may be noted here that Committee of Collectors stands constituted of the following Collectors under the Chairmanship of Deputy Commissioner (Competent Authority under the RAIP Act):-
1. Defence Estates Officer, Jammu.
2. Collector, Land Acquisition, Asstt. Commissioner (Rev), Jammu
3. Collector, Land Acquisition, Sub Divisional Magistrate, Khour
4. Collector, Land Acquisition, Jammu Development Authority, Jammu
5. Collector, Land Acquisition, Jal Shakti (IFC), Jammu.
6. Collector, Land Acquisition, Sub Divisional Magistrate, Jammu South.
7. Collector, Land Acquisition, Sub Divisional Magistrate, R.S. Pura.
8. Collector, Land Acquisition, Sub Divisional Magistrate, Chowki Choura.
9. Collector, Land Acquisition, Sub Divisional Magistrate, Marh
10. Sub Divisional Magistrate, Jammu North
11. Collector, Land Acquisition, Sub Divisional Magistrate, Akhnoor.Page 3 of 9
It may also be noted here that as regards the present case, all necessary formalities including obtaining of rates also stand completed and the case is at the final stage of framing Draft Assessment Report."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 04.04.2022. The FAA vide order dated 14.05.2022 stated as under:-
"..........Public Information Officer should provide the sought information within fifteen days."
Aggrieved and dissatisfied with the non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 23.03.2024 has been received from the Appellants and same has been taken on record for perusal.
(2) नितीय अपील संख्या / Second Appeal No. CIC/UTOJK/A/2023/112572 Information sought and background of the case:
The Appellant filed an RTI application dated 13.12.2022 seeking information on following points:-
"I. A) Since Form J was issued by the Government on 13.07.2021 matter of grievance of applicants may be flagged to Administrative Department for appropriate response on it. Please supply a copy of action report. II. B) Since Form J was issued by the Government on 13.07.2021 after abrogation of RAIP Act 1968 matter may be referred to Administrative Department for appropriate response on it. Please supply a copy of action report.
III. C) The matter of permanent acquisition of requisitioned land was processed and forwarded to Administrative Department for issuing declaration in Form J by the Government which has been issued on 13.07.2021. The appellants have raised valid points of law involved in acquisition proceedings. So matter may be referred to competent Administrative Department for response. Please supply a copy of action report.
IV. D) This is some reported case (AIR 1970 BOM 18) the information of which is not held by the PIO, so cannot be provided. If applicant agrees with the contention of CPIO that he was ignorant of RAIP Act 1952 and AIR reproduced therein, then there being 12 members in the committee of Collectors, kindly inform that they all too were ignorant like the CPIO or the meeting was only an empty formality and the decision was coterie decision. V. E) Matter may be referred to Committee of Collectors through District Collector. Please supply the copy of action taken report. VI. Such matters are not taken in account while transacting the official work. So, their lodging of grievance with CPGRAMS has no bearing on fixation of acquisition rates. Interested persons ie Ex Land owners should not nourish any such belief matter should be again placed before Committee Page 4 of 9 of Collectors along with report of SDM R.S. Pura dated 02.05.2022. Please supply a copy of SDM RS Pura report dated 02.05.2022 and also one copy of action taken report.
VII. Copy of each of the proceedings of Committee of Collectors, meetings held on 25.02.2022 and 06.09.2022, respectively.
Please also supply the information whether the following points were considered in the Collectors meetings held on 25.02.2022 and 06.09.2022, respectively, or not, If not, the reasons for the same may also be supplied:
On 03.06.1971 Our land was requisitioned by the Government.
On 15.11.2012 Sanction of the president for acquisition was accorded.
On 16.07.2016 Form1: under sec 7(1) of RAIP Act 1968 was published.
On 15.07.2017 12 months passed after publication of form "I". The acquisition proceedings lapsed, vide statutory rules and union's occupation ceased.
On 09.08.2019/31.10.2019 RAIP Act 1968 repealed vide schedule fifth, table 3, serial No 133 of JK reorganization Act 2019 and union's occupation ceased once again.
On 13.07.2021 Form J: Published.
0000000n 12.07.2022 12 months passed after publication of form "J". The acquisition proceedings lapsed, vide statutory rules and union's occupation ceased once again.
On 04.08.2021 Dy Commissioner issued 15 days notice under sec 7(1) of RAIP Act 1968 to the land holders to raise claims.
On 08.08.2021 In reply to the notice, objections and claims by the land owners.
On 24.09.2021 Revenue expert Tehsildar RS Pura submitted as report regarding market rates.
On 02.05.2022 The Revenue experts Tehsildar and SDM RS Pura submitted their -do-
On 10.08.2022 -do- -do- -do-"
Dissatisfied with the non-receipt of information received from the CPIO, the Appellant filed a First Appeal dated 12.01.2023 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.Page 5 of 9
Written submission dated 23.03.2024 has been received from the Appellants and same has been taken on record for perusal.
(3) नितीय अपील संख्या / Second Appeal No. CIC/GADJK/A/2023/112574 Information sought and background of the case:
The Appellant filed an RTI application dated 14.12.2022 seeking information on following points:-
"Reference our application dated 15.03.2022, reminders dated 14.04.2022, 14.05.2022, 05.06.2022 and 23.06.22, respectively, regarding Acquisition of requisitioned land, measuring 320 Kanal at village Kharian Tehsil R.S. Pura, Jammu, for Army, case No J&K-2356/REQ It is submitted that neither any action has been taken in the matter nor any office under you has responded nor acknowledged our applications.
It is evident that Machinery, entrusted with duty of implementation of law inter alia welfare of the people, have made the law an instrument of oppression and murdering Human Rights of poor land holders in gross disobedience of laws made by Parliament. May the following information kindly be supplied:-
1. Action taken report.
2. Why the time bound directions cannot be passed by the Government to erring Dy Commissioner Jammu to consider the following legal points and make the declaration afresh, under the prevailing law:
On 03.06.1971 Our land was requisitioned by the Government. On 15.11.2012 Sanction of the President of India for acquisition was accorded.
On 16.07.2016 Form1: under sec 7(1) of RAIP Act 1968 was published. On 15.07.2017 12 months passed after publication of form "I". The acquisition proceedings lapsed, vide statutory rules and union's occupation ceased.
On 09.08.2019/31.10.2019 RAIP Act 1968 repealed vide schedule fifth, table 3, serial No 133 of JK reorganization Act 2019 and union's occupation ceased once again.
On 13.07.2021 Form J: Published.
On 12.07. 2022 12 months passed after publication of form "J". The acquisition proceedings lapsed, vide statutory rules and union's occupation ceased once again.
On 04.08.2021 Dy. Commissioner issued 15 days notice under sec 7(1) of RAIP Act 1968 to the land holders to raise claims. On 08.08.2021 In reply to the notice, objections and claims by the land owners.Page 6 of 9
On 24.09.2021 Revenue expert Tehsildar RS Pura submitted a report regarding market rates.
On 02.05.2022 Tehsildar and SDM RS Pura submitted another report regarding market rates.
On 10.08.2022 Tehsildar an bd SDM RS Pura submitted another report regarding market rates."
Dissatisfied with the non- receipt of information received from the CPIO, the Appellant filed a First Appeal dated 13.01.2023 which was not adjudicated by the FAA as per available records.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 06.04.2024 has been received from the Appellants and same has been taken on record for perusal.
Written submission dated 04.04.2024 has been received from the CPIO/O/o Chief Secretary, J&K and same has been taken on record for perusal. The relevant extract whereof is as under :
1. That the Applicant, Shri Raghubir Singh has filed an RTI application dated 14.12.2022. The information sought by the applicant in the said RTI pertains to the Revenue Department, UT of J&K. Accordingly, the said RTI application has been forwarded to the CPIO of Revenue Department under Section 6(3) of the RTI Act, 2005 vide this Office O.M No. GAD-ADMRTI/129/2022-09-GAD dated 19.12.2022 within the stipulated time prescribed under the RTI Act, 2005.
2. It is pertinent to mention here that earlier the Applicant, Shri Raghubir Singh has filed an RTI application dated 13.07.2022. The information sought by the applicant in this RTI application also pertains to the Revenue Department, UT of J&K. Accordingly, the said RTI application has also been forwarded to the CPIO of Revenue Department under Section 6(3) of the RTI Act, 2005 vide this Office O.M No. GAD-ADMRTI/129/2022-09-GAD dated 01.08.2022.
Facts emerging in Course of Hearing:
Written submission dated Nil has been received from the Assistant Commissioner (Revenue) and same has been taken on record for perusal.
Appellant: Present through video conferencing.
Respondent: 1. Ms. Sunaina Bharti, Tehsildar Recovery, APIO 2 Mr. Chadrashekhar Sharma, Tehsildar R.S. Pura 3 Mr Rahul Sharma, General Administration/CPIO Page 7 of 9 The Appellant stated that the relevant information sought in all the three RTI Applications has not been furnished by the concerned PIO. He further stated that their land was requisitioned by the government on 03.06.1971. He stated that Dy Commissioner Jammu is duty bound to adhere implementation of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (RFCTLARR Act, 2013) in the letter and spirit since the old RAIP Act 1968 has already lapsed thrice and replaced by RFCTLARR Act, 2013. He further stated that since the land ln question ls at present commercial cum residential the basic rate should be fixed as per recommendations of experts dealing revenue officers, including Tehsildar, Naib Tehsildar, Patwari as well as Sarpanch Kharlan, The basic rate should be the€ average of the two rates Rs 60/- lac + Rs 40/- % 2 = 50 lacs per Kanal and calculation of compensation as per provisions of Right to Fair Information and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. He further stated that CBI enquiry should be ordered in the instant case.
Ms. Sunaina Bharti reiterated the averments made in their written submission and that the stated that the queries raised by the Appellant in his RTI Applications are more in the form of questionnaire and does not fall under the ambit of 'information' as defined under Section 2(f) of the RTI Act. She further stated that information sought by the Appellant has been duly furnished to him vide letter dated 13.04.2022. She stated that the grievance of the Appellant relates to the acquisition of requisitioned land measuring 320 kanals of village Kharian Tehsil R.S. Pura for defence purposes. The land in question was under
Army occupation on requisition basis since 03.06.1971 and the Appellant is seeking processing of his case under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013(RFCTLARR Act, 2013) for purposes of fixing fair and justifiable compensation of land. She further stated that the case of Appellant has been initiated under the Requisitioning and Acquisition of Immovable Property Act 1968 (RAIP Act 1968) on the basis of sanction granted by the President of India and conveyed by the Ministry of Défense, it legally requires to be finalised under the aforesaid Act only. She submitted that the RECTLARR Act 2013 is not applicable in this instant case as desired by the RTI Applicant.
Mr Rahul Sharma stated that the information sought by the Appellant was related to Revenue Department and accordingly the instant RTI application was forwarded to the CPIO of Revenue Department under Section 6(3) of the RTI Act, 2005 within stipulated time frame.
Decision:
Since the Appellant is the same, the matters are clubbed together for final hearing and disposal.
At the outset, Commission directs the concerned PIOs to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.Page 8 of 9
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers. Commission further notes that and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO. Hence, no further intervention of the Commission is required in the instant matter. For redressal of his grievance, the Appellant is advised to approach an appropriate authority through proper channel.
Matters are disposed accordingly.
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 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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