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Mohit R Mehta vs Kandla Port Trust on 21 December, 2021

                                                       CIC/KPOTR/A/2020/661301

                                  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/KPOTR/A/2020/661301

In the matter of:

Mohit R Mehta                                                  ... अपीलकता/Appellant
                                        VERSUS
                                         बनाम

CPIO,                                                     ... ितवादीगण /Respondent
Deendayal Port Trust Business
Development Cell, P.O. Box 50,
Administrative Building,
Gandhidham, Kutch,
Gujarat- 370201

Relevant dates emerging from the appeal:

RTI Application filed on                   :   04.10.2019
CPIO replied on                            :   Not on Record
First Appeal filed on                      :   11.11.2019
First Appellate Authority order            :   16.12.2019
Second Appeal received on                  :   20.01.2020
Date of Hearing                            :   21.12.2021

The following were present:

Appellant: Absent (despite being served the hearing notice).

Respondent: Shri Hemanth Kumar Bhaskar, CPIO and Executive Engineer
(Estate) participated in the hearing through video conferencing from NIC Kutch.



                                                                           Page 1 of 6
                                                      CIC/KPOTR/A/2020/661301

                                     ORDER

Information sought:

The Appellant filed an online RTI Application dated 04.10.2019 seeking information on the following five points:

"Seeking information regarding E TENDER FOR APPOINTMENT OF LAND VALUER FOR VALUATION / FIXATION OF MARKET RATES OF GANDHIDHAM TOWNSHIP LAND (ALL THE SE CTORS OF GANDHIDHAM, KACHCHH, GUJARAT) FOR THE YEAR 2019 2023.

1) Seeking recorded reason in writing for ignoring mandatory MSE Clause by the tendering authority in the above mentioned tender document.

2) Seeking recorded reason in writing for not floating subject tender document on Central Govt. official procurement etendering website.

3) Seeking recorded reason in writing for demanding Tender Fees & EMD from Micro and Small Enterprise in the subject tender.

4) Seeking information i.e. recorded reason in writing for technically qualifying restricted body corporate valuer under section 34AC of Wealth Tax Act, 1957.

5) Seeking copy of work orders issued by Port Authority to Restricted Body Corporate / Pvt. Ltd. / LLP companies for getting asset valuation."

The CPIO vide online reply dated 05.10.2019, transferred the RTI Application to the concerned CPIO/custodian of records. Being dissatisfied, the Appellant filed a First Appeal dated 11.11.2019. The First Appellate Authority vide order dated 16.12.2019, informed as under:

CIC/KPOTR/A/2020/661301 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. The Appellant requested the Commission to direct the CPIO to provide complete information sought for.

Submissions made by Appellant and Respondent during Hearing: The Appellant did not participate despite being served the hearing notice.

At the outset, the Commission remarked that the forwarding of the instant RTI Application on 05.10.2019 bears no details of the concerned CPIO/custodian of records. The Respondent submitted that the instant RTI Application was received on 13.11.2019 and accordingly a reply was sent on 21.11.2019. Upon queried by the Commission to substantiate how the averred information sought in the instant RTI Application is exempt from disclosure under Section 8(1)(d) and 8(1)(i) of the RTI Act, he explained that the information sought pertains to tender process and that the said information was under process as on the date of the RTI Application. He further explained that a revised reply has been provided to the Appellant on 18.12.2021.

A written submission has been received by the Commission from the CPIO and Executive Engineer (Estate), Deendayal Port Trust vide letter dated 18.12.2021, wherein the Commission has been apprised as under:

CIC/KPOTR/A/2020/661301 Contents of the letter dated 18.12.2021 is as under:

CIC/KPOTR/A/2020/661301 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 and the same is upheld. Moreover, since the Appellant has not participated in the hearing to buttress his case, the Commission finds no further scope of intervention in the instant case. 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: 21.12.2021 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/KPOTR/A/2020/661301 Addresses of the parties:

1. The First Appellate Authority (FAA) Deendayal Port Trust Business Development Cell, P.O. Box 50, Administrative Building, Gandhidham, Kutch, Gujarat, India - 370201

2. The Central Public Information Officer Deendayal Port Trust Business Development Cell, P.O. Box 50, Administrative Building, Gandhidham, Kutch, Gujarat, India - 370201

3. Mr. Mohit R Mehta Page 6 of 6