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leo544

Rejected my rti application stating that questions cannot be answered

Question

leo544

Hello Sir,

 

I filed an rti asking for some information regarding a newspaper article on encroachment of land.

The questions are shown below

1. Under section 2(f) of the RTI Act 2005, kindly provide information from records of your office about the day, date when encroachment came to the notice of the Tahsildar.

2.Under section 2(f) of the RTI Act 2005, kindly provide information from records of your office about the the survey number, extent of land under encroachment.

3.Under section 2(f) of the RTI Act 2005, kindly provide information from records of your office about the time period of encroachment and details of the encroacher.

4.Under section 2(f) of the RTI Act 2005, kindly provide information from records of your office about the action taken against the encroacher.

5.If the govt has evicted the encroacher and taken back the kunta(tank) land, please share me a copy of the detailed report mentioning that kunta (tank) land is taken back by govt from encroachers and public can freely enter into that land.

I received reply stating that " your application is rejected,because there is no provision under rti to answer to the questions asked". Even though questions were asked,pio is simply rejecting.

 

I asked the information from the records of the office about the date on which the encroachment came to the notice of the officer and details of the land under encroachment and details of the encroacher and action taken against encroachment.

 

Actually the matter has come to the officials notice by the means of

1. newspapers

2. representations submitted by villagers so many times.

3. inspection notes/reports by the field level staff, etc.,

 

I think all the above mentioned documents comes under section 2(f). Are newspapers also comes under this?

PIO should either provide info from the above mentioned records or he should tell that records are not availabe, instead HE REJECETED THE APPLICATION STATING QUESTIONS CANNOT B ANSWERED.

 

 

I have decided to go for FAA, by highlighting the above mentioned points.

 

 

So please help me in framing the grounds/reasons for the appeals.

 

Thanks in advance

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Prasad GLN

Grounds for Appeal: PIO has denied information without specifying the section under which he claimed exemption in RTI Act, and when the information must be available on such encroachments on record of Public Authority. Hence treating the information a deliberate denial the first appeal.

Prayer: Please direct PIO to provide the information as available on record and if such information about encroachments are not available, he may state that Public Authority is not maintaining any record on complaints/news paper report on encroachments and not recording any action on such complaints .

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Prasad GLN

Sunil saab,

There is no such interrogatories in RTI Application.

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Sunil Ahya

R/ Prasadji,

 

I was aware of the queries,

 

Although the information sought is in the form of seeking photocopies from the record held by the PA,

 

If for the sake of argument one were to accept the PIO's contention that they are in a way in the nature of seeking question / answers, then too, the PIO cannot take that as a ground for declining the request for information, and the said CIC decisions can help add that aspect to the grounds of appeal.

 

For example:

 

Grounds of Appeal:

 

1. The information sought is in the material form i.e. photocopy of the documents from the record held by the PA, and as such it is very much within the ambit of the definition of information as given in section 2(f) of the RTI Act.

 

2. However, even if for the sake of argument, it were to be believed that the information sought is in the nature of queries as suggested by the PIO in his response Dated: XXXX, yet the PIO cannot decline the request for information on that ground, please refer to the following decisions for the same (enclosed herewith this appeal for reference):

 

 

  • Case No. CIC/SS/A/2012/000395 Dated: 17.05.2012

 

  • Case No. CIC/SS/C/2013/000104 Dated: 28.01.2014

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leo544

Also, base your grounds of first appeal on the following CIC decisions (enclose a copy of these CIC decisions with your appeal):

 

CIC Decision - Why, What does not debar an applicant - CIC/SS/A/2012/000395, 17.5.2012

 

CIC Decision - Why, What does not debar an applicant - CIC/SS/C/2013/000104, 28.1.2014

 

Sir,

Thanks for the useful information.

I found another useful cic judgement.

www.rti.india.gov.in/cic_decisions/SG-09022009-36.pdf

 

Thanks

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