Central Information Commission
Murlidhar B Jagani vs Kandla Port Trust on 16 August, 2021
CIC/KPOTR/A/2019/139601
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/KPOTR/A/2019/139601
In the matter of:
Murlidhar B. Jagani ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/S.E. (E), Deendayal Port Trust,
Town Development Wing,
Administrative Office Building,
Post-Box No. 50, Gandhidham,
Kutch, Gujarat-370201
Relevant dates emerging from the appeal:
RTI Application filed on : 05.04.2019
CPIO replied on : 02.05.2019
First Appeal filed on : 08.07.2019
First Appellate Authority order : 23.07.2019
Second Appeal Received on : 07.08.2019
Date of Hearing : 12.08.2021
The following were present:
Appellant: Shri Murlidhar B. Jagani participated in the hearing upon being
contacted on his telephone.
Respondent: Shri Manoj. P. Gohel, CPIO and Executive Engineer (TD)
participated in the hearing upon being contacted on his telephone.
Page 1 of 4
CIC/KPOTR/A/2019/139601
ORDER
Information sought:
The Appellant filed an RTI Application dated 05.04.2019 seeking information on the following two points:
1) "Provide information related to the payment of taxes paid to the Gandhidham Municipality with reference to Port Colony - Gopalpuri & Administrative Building
- Gandhidham for the last three financial years.
2) Provide information related to outstanding payment of taxes to Gandhidham Municipality with reference to Port Colony - Gopalpuri & Administrative Building
- (Gandhidham and reason for its outstanding."
The CPIO vide letter dated 02.05.2019, transferred RTI application u/s 6(3) to the XEN (TD), DPT, AO Building, Gandhidham and endorsed a copy to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 08.07.2019. The First Appellate Authority vide order dated 23.07.2019, informed as under:
1) "Payment of taxes to Gandhidham Municipality does not pertains to Deendayal Port Trust.
2) As paying of Taxes to Gandhidham Municipality does not pertains to Deendayal Port Trust, therefore the information of outstanding taxes does not arise."
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the instant hearing is being scheduled through audio conference after informing both the parties.Page 2 of 4
CIC/KPOTR/A/2019/139601 The Appellant stated that he is not satisfied with the reply provided by the Respondent because in another RTI Application, the concerned municipality had provided different information as compared to the answering Respondent's version in the instant case.
The Respondent submitted that the Kandla Port Trust is spread over a land of 3900 acres. He further submitted that Gopalpuri colony is being maintained by the Port Trust and there is no connection with the Port Trust and the Gandhidham municipality, in whatsoever manner. He furthermore submitted that the complete administrative control over the said Gopalpuri colony lies with them. He also added that on 07.08.2021, point-wise reply was provided to the Appellant and a copy of the same was also uploaded on the Commission's web-portal.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that appropriate reply has been provided to the Appellant. The Commission finds no further scope of intervention in the instant matter.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 16.08.2021 Page 3 of 4 CIC/KPOTR/A/2019/139601 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Sr. Dy. Secretary, Deendayal Port Trust, General Admin Dept., Administrative Office, Post-Box No. 50, Gandhidham, Kutch, Gujarat-370201
2. The Central Public Information Officer, /S.E. (E), Deendayal Port Trust, Town Development Wing, Administrative Office Building, Post-Box No. 50, Gandhidham, Kutch, Gujarat-370201
3. Shri Murlidhar B. Jagani Page 4 of 4