Prakash Goswami vs Directorate Of Estates on 18 December, 2019
The Appellant remained absent during the hearing. The Respondent present at the hearing stated
that a suitable response was sent to the Appellant vide letter dated 19.01.2018 stating that the
information was not readily available in a compiled format and that it would unnecessarily divert
the resources of the Directorate under Section 7(9) of the RTI Act, 2005, which was returned
undelivered due to incorrect postal address. On being queried by the Commission whether any
Parliament Question regarding the damages charged from unauthorized occupants listed in
Government of India, Directorate of Estates (Office Section) in response to the news item
referred to in the RTI application, was made by the Respondent Public Authority, the
Respondent replied in the negative. On being further questioned by the Commission regarding
publication of any report in this regard subsequent to news flashed in TOI on 27.11.2012 upon
the directions of the Hon'ble Supreme Court in SLP 12065/2009 in UOI vs. Vimal Bhai & Ors.,
regarding damages charged from unauthorized occupants, no cogent reply was offered by the
Respondent who further submitted that if the Applicant would ask for any specific case, they
would be willing to answer accordingly. Moreover, inspection of documents was also offered by
the Respondent for any specific case. The Appellant in his 2nd Appeal alleged that the most of the
occupants were not charged damages/penal rent for the period of unauthorized occupation
because of illegal gratification received from such residents and that the concerned estate
officials also indulged in massive corrupt practices and the occupants who refused to bribe them
were selectively being targeted. The Appellant in his prayer requested the Commission to direct
the Respondent to provide the requisite information as sought in his RTI application dated
28.11.2017. The Commission was however appalled to learn that the damages charged from
unauthorized occupants listed in Government of India, Directorate of Estates (Office Section)
was not available in the Respondent Public Authority in a compiled format which was a matter
of larger public interest.