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news details
SIC directs SMC to provide info under RTI
Construction permission to Pvt School
7/20/2019 12:39:33 AM
Early Times Report

SRINAGAR, July 19: State Information Commission (SIC) has directed the Srinagar Municipal Corporation (SMC) to provide details under Right to Information Act (RTI) to an information seeker about the permissions granted to a private school for undertaking construction of various structures along with the details of dimensions. Commission also directed the Chief Enforcement Officer and Chief Law Officer of SMC to provide necessary assistance to PIO in this case.
Details available with Early Times reveal that an RTI application dated 13.1.2019 was filed by one Iftikhar-Ul-Hassan R/O Jelan Lane Naseemabad Saderbabal Srinagar with PIO in the office of Commissioner, SMC seeking information as to how many permissions for construction of structures (along with dimensions) of Green Valley Educational institute (GVEI) Illahibagh Buchpora Srinagar have been issued by SMC Srinagar, besides furnishing a copy of the appeal, response/objections filed by SMC and order of the J&K Special Tribunal passed in appellants notice bearing No.SMC/ENF/2644-50 dated 24.09.2018. Feeling aggrieved with PIO , information seeker filed First Appeal before the First Appellate Authority (FAA) / Commissioner, SMC on 30.11.2018 submitting therein that the information provided by the PIO in response to his RTI request dated 13.1.2018 was incomplete. Information seeker was again aggrieved and thereafter filed 2nd appeal before the State Information Commission (SIC) on 20.03.2019 contending there under that not only has PIO failed to provide information to the appellant within the period specified under Section-7 of the J&K RTI Act, but the FAA has also failed to dispose of the First Appeal within the stipulated period.
The appeal came up for hearing before the SIC on 24.06.2019. The appellant attend in person. The PIO filed application stating thereunder the he was busy in connection with the visit of the Hon'ble Chairman, National Commission for Safai Karamcharies and as such, sought an adjournment of the case, which was granted. Further, the PIO through his counterstatement informed the Commission that no permission for raising existing structures by the Green Valley Educational Institute (GVEI) Illahibagh Buchpora Srinagar was available in the records as the same have been raised long back.
The hearing was adjourned by SIC and PIO was directed to specifically mention the number of structures existing at present in Green Valley Educational Institute (GVEI).
The appeal again came up for hearing on 08.07.2019. The appellant telephonically expressed his inability to attend the Commission owing to law and order situation and restrictions in Srinagar. R.K Tutoo, PIO and Joint Commissioner (Planning) SMC Srinagar attended the hearing in person. The PIO informed the Commission that pursuant to the interim directions of the Commission, assistance of the Chief Enforcement Officer and the Chief Law Officer SMC Srinagar has been sought on 01.07.2019 for providing the specific information to his office so that the information is provided to the appellant.
The SIC held: "By seeking assistance of the Chief Enforcement Officer and the Chief Law Officer SMC Srinagar, the Chief Enforcement Officer and the Chief Law officer SMC Srinagar have become deemed PIOs and are under an obligation to provide necessary assistance to the PIO for disposing the present RTI application. In case the deemed PIOs do not provide required assistance to the PIO, they shall become liable for action in terms of Section-5(5) of the J&K RTI Act. The present appeal is disposed of with a direction to the deemed PIOs i.e., the Chief Enforcement Officer, SMC Srinagar 5 Mr. Mudasir Ahmad Banday and the Chief Law Officer, Mr. Mohammad Ashraf Qazi, SMC Srinagar to render necessary assistance to the PIO/Jt. Commissioner (Planning) SMC Srinagar so as to enable him to comply with the order of the Commission dated 24.06.2019 within a period of two weeks from the date of receipt of this order. The PIO is also directed to ensure that the information as directed by the Commission in its order dated 24.06.2019 is provided to the appellant within the aforesaid period. In case the deemed PIOs fail to render necessary assistance to the PIO or the PIO fails to provide the required information to the appellant within the aforesaid period, the appellant shall have the liberty of filing a complaint against the PIO as well as the deemed PIOs for non-compliance of the orders of the Commission and non-provision of information to the appellant "
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