Construction of flats on the land of Sanatan Dharam Girls Inter College - CIC: Denial of information without any exemption clause is not tenable under the RTI Act; Take assistance from the custodian u/s 5(4) of the RTI Act and provide complete information
6 Jan, 2023
Information Sought:
The Appellant has stated that the Municipal Corporation has been constructing flats, on the pretext of construction of parking site, on the land of Sanatan Dharam Girls Inter College. In the said context, he has sought the following information:
1. Provide copies of the correspondence done between the Municipal Corporation and Sanatan Dharam Girls Inter College with regard to the said construction.
2. Provide a copy of the permission letter given by the Cantonment Board in this regard.
3. If the above said construction is being carried out against the Rules, then provide details of action taken by the Cantonment Board in this regard.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant was not present at the VC venue despite due service of notice on 14.12.2022 vide speed post acknowledgment no. ED247064914IN. The CPIO submitted that a suitable reply was given vide letter dated 26.11.2021.
Observations:
Based on a perusal of the record, it was noted that the FAA vide order dated 26.11.2021 disposed of the first appeal in the presence of the appellant and the CPIO. He provided a point-wise reply and stated in respect of point no. 1 that the property of Sanatan Dharam Girls Inter College is under the management of Defence Estate Officer, Meerut Division. However, no correspondence was given. In respect of point no. 2 it was categorically stated that no such permission was given by the Cantonment Board. In respect of point no. 3 it was stated that construction is being carried out by Landour Cantonment and therefore no document related to the same can be given.
The appellant in his second appeal pressed for information on points no. 1 and 3, therefore, the CPIO was asked whether the same can be given. He explained that information has to be collected from the custodian.
The denial of information without any exemption clause is not tenable under the RTI Act and to this extent was an incorrect reply.
Decision:
The CPIO is accordingly directed to take assistance from the custodian u/s 5(4) of the RTI Act for points 1 and 3 and provide complete information to the appellant within 15 days from the date of receipt of the order.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Rakesh Agarwal v. O/o Cantonment Board Landour, Mussoorie, File no.: - CIC/IARMY/A/2021/153904; Date of Decision: 15/12/2022