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Sham Lal Oberoi vs Revenue Department Ut Of J & K on 15 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/RDUJK/A/2022/647821

Shri Sham Lal Oberoi                                         ... अपीलकताग/Appellant
                                 VERSUS/बनाम

PIO,                                                     ...प्रनतवािीगण /Respondent
Revenue Department UT of J & K

Date of Hearing                        :   12.04.2024
Date of Decision                       :   12.04.2024
Chief Information Commissioner         :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :        23.05.2022
PIO replied on                    :        09.07.2022
First Appeal filed on             :        29.07.2022
First Appellate Order on          :        24.08.2022
2 Appeal/complaint received on
 nd                               :        03.09.2022

Information sought

and background of the case:

The Appellant filed an RTI application dated 23.05.2022 seeking information on following points:-

I. "Provide the detail & copy of the Rule, Law Statue or Order as per which the Custodian Land has been allotted to the West Pak Refugees settled in different parts of J&K State after the 1947 Partition. II. Provide the detail and copy of the Statue, Rule, Law under which "Nourishment or Will/Testamentary disposition" is defined as grounds/ways by which the Custodian Land allotted to West Pak Refugees may be partitioned/devolved or transferred.

III. Provide the detail & copy of Rule, Law or Statue under which the allotted custodian land may be converted into registered land in J&K, if so there any law regarding the same as in the RS Pura Tehsil most of the colonies has been established on the Custodian land which is converted into Registered Land by the Land Grabbers or Property dealers with the help of Revenue Officers/Officials for some consideration or others."

The CPIO, Evacuee Property, Jammu vide letter dated 09.07.2022 replied as under:-

"Point No. 1:- The EP Act/Rules framed by legislature / Govt. as such can be assessed from relevant source.

Point No. 2:- In reference to your application dated 25-06-2022 received by this office on 27-06-2022 regarding the subject cited above. It is to inform you that your RTI application dated 25- 05-2022 was forwarded/ transferred to the concerning PIO's under sub section (3) of section 6 of RTI Act 2005. After which the said office becomes public authority who has to provide the information.

Point No. 3:- In reference to your application dated 25-06-2022 received by this office on 27-06-2022 regarding the subject cited above. It is to inform you that your RTI application dated 25- 05-2022 was forwarded/ transferred to the concerning PIO's under sub section (3) of section 6 of RTI Act 2005. After which the said office becomes public authority who has to provide the information.

Take it notice that in case you are not satisfied with information provided to you by this office you can either visit to the office of the undersigned during working hours and seek remaining information if any remains pending in light of RTI application as per the records available with this office."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.07.2022. The FAA vide order dated 24.08.2022 stated as under:-

".............the information which emerged and can be provided to the information seeker is as under :

i. Item No. 1: The law applicable to custodian lands is the Evacuee Property Act and Rules made thereunder. There is no specific provision for the allotment of the land to the West Pakistani Refugees. However, the only available information is in para 15 of the Government Order No. Reh-371 of 1971 dated 09-09-1971 wherein reference is given to the allotment of government/evacuee lands to the refugees of West Pakistan. The information seeker may refer to the said government order and the Central Public Information Officer (Custodian Evacuee Property Jammu) has provided the same to the applicant.

ii. Item No. 2: The Central Public Information Officer (Custodian Evacuee Property Jammu) has transferred the application of the information seeker to the concerned Tehsildar under Section 6 (3) of the RTI Act, 2005, I am not in agreement with the Central Public Information Officer (Custodian Evacuee Property Jammu) as the information seeker has sought detail and copy of the statute, rule and law. Since the only source of the allotment to the West Pakistani Refugees are in government order No. Reh-371 of 1971 dated 09- 09-1971 where such allotment stands protected by the government order therefore it flows that succession to the allotment goes as per law. The information seeker is himself a law professional he can refer to such succession laws as have been exacted.

iii. Item No.3: The information seeker has sought detail and copy of rule, law or Statute under which the allotted custodian land can be converted into registered land in J&K. There is no Rule, Law or statute whereunder the evacuee land can be registered in J&K except by way of occupancy tenancy right given under Section 3 (A) Agrarian Reforms Act, 1976 to the Pak Occupied Refugees of 1947 which can transferred under the section.

The information seeker has also been provided relevant rules pertaining to the issues raised by him in his RTI application and he appear satisfied with the information provided by the Central Public Information Officer (Custodian Evacuee Property Jammu)."

In compliance of order of FAA, the PIO has furnished reply dated 05.09.2022 as under :

In pursuance of the order issued by the Ld. Custodian General J&K Govt. Jammu under endorsement No. CG (Court) I388-8912022/RTI dated Z4-OB-ZOZ2 in First appeal under RTI Act, the information as requested for by you has already been provided to you, however the copies of the documents are supplied herewith Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Written submission dated 03.04.2024 has been received from the CPIO/Evacuee's property, Jammu and same has been taken on record for perusal.

Facts emerging in Course of Hearing:

Appellant: Not present Respondent: Mr. Ravinder Sharma, Custodian, Evacuee Property.

The Respondent reiterated the averments made in their written submission and stated that the relevant information from their official record has been duly furnished to the Appellant. He further stated that the information is available on their official website. Furthermore, the relevant documents have been furnished to the Appellant via watsapp also.

Decision:

In the light of the above submissions, the Commission finds that information available on record with the public authority as defined under Section 2(f) of the RTI Act has been duly furnished to the Appellant, in terms of provisions of the Act. The Commission is in agreement with argument placed forth by the Respondent, particularly the exhaustive written submission.

Considering the fact that the written submission dated 03.04.2024 filed by the Respondent is comprehensive and self explanatory, it is directed that a copy of the same along with all the annexures should be sent to the Appellant within two weeks of receipt of this order. The Respondent shall submit a compliance report before the Commission in this regard.

Appeal is 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 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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