SIC/J/A/172/2012/360 - State Information Commission

File No: SIC/J/A/172/2012Decision No: SIC/J/A/172/2012/360Sh. Bishan Dass Appellant (Present)Through his sonSh. Sanjeev KumarSh. Surinder Sharma PIO (Present)Senior Town PlannerJammu Municipal CorporationJammu.Jammu,30.10.2012Briefly the facts in this appeal are that Sh. Bishan Dass R/o. House No. 213Mohalla Paharian Jammu moved an RTI application on 25.05.2012 under J&K RTIAct, 2009 before the PIO Jammu Municipal Corporation, Jammu, seeking thefollowing information:1. Whether permission has been granted in favour of Smt. Jyotsana Mohan W/o.Sh. Arun Kumar Sharma R/o. Mohalla Paharian by JMC vide order No.330/BS/10 dated 12.06.2010 for change of roof only?2. A copy of application along with documents submitted by the applicant forobtaining necessary sanction in respect of Sr. No. 1.3. A detailed inspection report for verification of site plan along with copy of notefile in respect of Sr. No. 1.4. Whether building operation controlling authority meeting was held on12.06.2010. A copy of minutes of the meeting may kindly be provided.5. Whether permissions have been granted by JMC for construction of buildingswithin a period of two days from the date of receipt of applications? If so,details thereof..6. Action taken by JMC on the complaint filed by one Sh. Sanjeev Kumar S/o. Sh.Bishan Dass R/o. 213 Mohalla Paharian, Jammu on 11.06.2010 in respect ofquery made against Sr. No. 1.7. Action taken by JMC on the complaint filed by Sh. Bishan Dass R/o. H.No. 213Mohalla Paharian, Jammu on 26.06.2010 and 12.07.2010 in respect of reviewof order issued by your office mentioned at Serial No. 1.

Having not received any response to his RTI application, the appellant againrequested the PIO, JMC on 30.06.2012 for providing the information. The appellantbeing aggrieved of inaction on the part of the PIO, filed 1 st appeal before the FAAi.e. Commissioner, Municipal Corporation, Jammu on 17-07-2012 who vide letterNo. MJ/Estt/3765-67 dated 01.08.2012 directed the appellant to appear before himon 04.08.2012. The appellant being aggrieved of the order of the FAA filed 2 ndappeal before the Commission on 24.09.2012 alleging therein “deemed refusal” onthe part of PIO in terms of section 7(2) of the RTI Act in providing the informationand prayed for stern action against him.The perusal of record available in the file reveals that PIO vide letter No.417-18/BS/2012 dated 20-07-2012 had furnished the information to the appellant.However, the FAA directed the Sr. Town Planner, PIO, JMC to provide the complete/ remaining information on or before 08-08-2012. Today when the appellantappeared before the Commission, he apprised that the information received by himwas incomplete and incorrect and the same was furnished by the PIO after thelapse of statutory period. The appellant laid stress on the Points No. 4 to 7 of hisRTI application and requested the Commission to direct the PIO to furnish therevised information on the above mentioned points. As there is a delay in providingthe information, the PIO was also directed to explain the delay.In view of the aforesaid facts, the Senior Town Planner / PIO, JammuMunicipal Corporation, Jammu is hereby directed to furnish the revised informationto the information seeker in respect of Points No. 4 to 7 of his RTI application, freeof cost, within two weeks from the date of pronouncement of this order under anintimation to the Commisison.Since there is a delay in furnishing the information to the information seeker,the PIO is also directed to show cause as to why the penalty u/s 17 of the Act shallnot be imposed upon him within two weeks from the date of pronouncement of thisorder.The appeal is accordingly disposed of.Notice of this decision be given free of cost to the parties.Sd/-(Dr. S.K. Sharma)State Information CommissionerCopy to :1. Public Information Officer / Sr. Town Planner, JMC, Jammu.2. Sh. Bishan Dass R/o. House No. 213 Mohalla Paharian Jammu.(S.K. Thaploo)Assistant RegistrarJ&K State Information CommissionNB: (In any correspondence on this decision, please mention the complete decision number