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Kamlaben Vishnubhai Sapta vs Ut Of Dadra And Nagar Haveli And Daman And ... on 5 February, 2026

                                                             CIC/DNHDU/A/2024/121454

                                     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/DNHDU/A/2024/121454

Kamlaben Vishnubhai Sapta                                    ... अपीलकता/Appellant

                                     VERSUS
                                      बनाम
CPIO: UT of Dadra and
Nagar Haveli and Daman and                                ... ितवादीगण/Respondents
Diu, Dadra & Nagar Haveli

Relevant dates emerging from the appeal:

RTI : 31.10.2023              FA     : 14.12.2023            SA     : 27.06.2024

CPIO :     Not on record      FAO : 07.02.2024               Hearing : 02.02.2026


Date of Decision: 02.02.2026
                                        CORAM:
                                   Hon'ble Commissioner
                                      Shri P R Ramesh
                                       ORDER

1. The Appellant filed an RTI application dated 31.10.2023 seeking information on the following points:

1. Notification No.SRV/LAQ/GAL/(INDIA)LTD./2/04Athal Naroli

2. in partial modification no.SRV/LAQ/GAIL(INDIA) LTD/DATE 02/04. Giving certified copy dated.01/09/2004.

3. Dated by Mamlatdar sir silvassa providing a certified copy of the order fixing the market value of thr land of athal village on 01/09/2004.

CIC/DNHDU/A/2024/121454

4. Notification under section 4(1)with urgency clause was published in &Officialon 01/09/2004 by Satish Nadal to fix the market price.

5. Oders of Mamlatdar sir silvassa p.RD/RTS/5790/04 And RD/RTS 118889/2006 Dated.14/11/2006 khoirani sattional Apvi.

6. Executive Engineer p.w.d to carry out cost assessment of trees and structures etc. civil Division No. 1 (Building). DNH Silvassa Vid letter no.PWD/Civil Dn-1/SD- 2/BLDG/2005/43 dated.07/05/2005 providing a certified copy..etc.

2. Having not received any response from the CPIO, the Appellant filed a First Appeal dated 14.12.2023 The FAA vide order dated 07.02.2024 observed as under:-

"AND WHEREAS, a hearing was called on 16/01/2024 and 06/02/2024, where the appellant and the representative of PIO were present. The applicant submitted that proper information has not been provided by the PIO.

NOW THEREFORE, in view of the above, the PIO is directed to furnish the information to the applicant.

Hence, the appeal is disposed of accordingly."

3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 07.02.2024.

Facts emerging in Course of Hearing:

Appellant: Present along with Shri Sunil Bhai Laxibhai Vartha, Advocate-participated in the hearing.

Respondent: Not present

4. The Appellant inter alia submitted that the information sought has not been provided to her till date. She stated that she is the owner of land in question which was acquired by the government for a GAIL project and compensation in this regard has not been paid till date. She requested to direct the PIO to furnish information as sought.

CIC/DNHDU/A/2024/121454

5. The Respondent remained absent despite service of hearing notice. It is noted that as per India Post online tracking report hearing notice was delivered on 19.01.2026.

Decision:

6. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the main premise of instant Second Appeal is non- furnishing of complete information by the PIO.

7. Commission observes that the issue arises out of a land acquisition case undertaken in 2004 for a GAIL project. The Appellant is landowner whose land was acquired for the said public purpose.

8. The Appellant asserted that no compensation has been paid to her till date despite the acquisition having taken place more than two decades ago. The matter has thus been hanging fire for 22 years causing grave hardship, deprivation and injustice to the Appellant.

9. It is with serious concern that the Commission views the failure of the PIO to attend the hearing. The conduct of the PIO reflects gross negligence, lack of accountability and a callous approach towards both the RTI mechanism and the plight of citizens who have allegedly been deprived of compensation for over two decades.

10. Examination of the record of the case has revealed that the inordinate delay and non-furnishing of information have not been explained or justified by the PIO, Land Acquisition Officer, District Secretariat UT of Dadra and Nagar Haveli. The Respondent/PIO has not even bothered to attend the hearing nor explained the cause of his absence, such a lackadaisical approach towards RTI matters cannot be overlooked. Accordingly, in exercise of powers conferred under section 20 (1) of the RTI Act, 2005, the Commission calls upon the PIO, Land Acquisition Officer, District Secretariat UT of Dadra and Nagar Haveli to SHOW CAUSE as to why:

1.⁠ ⁠Penalty should not be imposed upon him for non-furnishing of any reply within stipulated time frame and non-appearance before the Page 3 of 5 CIC/DNHDU/A/2024/121454 Commission, thereby causing obstruction in the adjudication of the instant appeal.

2.⁠ ⁠Disciplinary action under Section 20 (2) of the RTI Act should not be recommended against him for dereliction of duty.

11. This show cause notice is issued keeping in view the extraordinary delay of 22 years on the matter of compensation, the seriousness of the allegations involved, and the need to enforce accountability under the RTI Act. Non-furnishing of the relevant records would only frustrate Appellants' effort to seek judicial remedy and amounts to denial of meaningful access to justice. Hearing of the Show Cause case shall be scheduled in normal course by the Registry. The Noticee - PIO, Land Acquisition Officer, District Secretariat UT of Dadra and Nagar Haveli must send a cogent explanation/reply to the Show Cause Notice, within two weeks from the date of receipt of the Show Cause Notice.

12. In view of the fact that no reply has been furnished by the PIO qua the instant RTI Application, the Commission directs the concerned PIO to examine the instant RTI Application and furnish a point-wise reply to the Appellant within fifteen days from the date of receipt of this order. A compliance report in this regard be filed with the Commission within a week thereafter. The appeal is disposed of accordingly.

Copy of the decision be provided free of cost to the parties.

(P R Ramesh) (पी. आर. रमेश) Information Commissioner (सूचना आयु ) Authenticated true copy Vivek Agarwal (िववेक अ वाल) Dy. Registrar (उप पंजीयक) 011-26107048 Page 4 of 5 CIC/DNHDU/A/2024/121454 Addresses of the parties:

1 The CPIO Land Acquisition Officer, District Secretariat, Collectorate Office, Silvassa-396230 (Dadra & Nagar Haveli).

2 Kamlaben Vishnubhai Sapta Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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