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rajun366

Obtainging measurement sketch from village office - Kerala

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rajun366

Hello,

 

I am from Kerala. Since there were some errors in the records after the resurvey, I have tried to obtain the field sketch and copies of BTR, TPR registers of my property from our village office through a RTI query. The field sketch needs A3 paper but other details can be given in A4 paper.

 

In response to our RTI query, the information officer is asking me to pay Rs.253 for each copy of BTR, TPR registers and neglected the question for issuing field sketch copy. From the village office I could know that, the field sketch will cost around Rs. 550 and it will not be issued as per the Rs 2/- RTI fee.

 

I had a similar experience from Central Survey Office, Trivandrum, In order to obtain two sketches (prior to resurvey) of our land of A3 paper size, I had to pay around Rs.1200/- !!!

 

So, my questions are,

 

1. Are they not supposed to give copies of revenue records such as field sketch, copies of BTR, TPR registers at the charges mentioned in RTI act (like Rs.2 for A4)? OR Is revenue records exempted from RTI act?.

 

2. What is the fees for obtaining copies of documents with A3 size?

 

 

Please advise.

 

If you have have any links or rulings from the court on this, please share.

 

 

Thanks for your time and Help,

Raju

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MANOJ B. PATEL

Welcome to RTI INDIA PORTAL. Thank you for choosing RTI INDIA PORTAL.

 

Please click the following link and read through the topics:

 

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Please do not post in to multiple forums or start multiple threads. You need to study links on home page of this website and then start drafting RTI for common problem of specific issues etc. You can post draft RTI application on this portal so that our members can refine it. Thus you will be having working knowledge of RTI over a period of time. Please also visit this website often and peruse queries and replies by our members, which will make you comfortable with RTI.

 

Dear Member, in addition,

 

To explore about RTI kindly refer following links

 

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Manoj B.Patel

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MANOJ B. PATEL

Dear member, kindly read RTI Act which is on portal so you will get all answers of your questions. please take some trouble.

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Prasad GLN

If there is a prescription of charges before enactment of RTI, those charges prevail. Instead seek inspection and get the copy duly recorded through digital camera at free of cost.

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RAVEENA_O

The object of RTI Act is transparency and for that maximum disclosure. If there is a statutory provision other than RTI Act, stipulating such disclosure, then that procedure should be followed. Such an issue came up before Hon'ble Delhi High Court in Registrar of Companies Vs Dharmendra Kumar Garg wherein the Hon'ble Court held that the applicant should obtain information under the departmental procedure prescribed for obtaining the information.

 

In your case, there is a prescribed procedure and fee for obtaining the sketch and revenue documents under the Land Revenue Code. Therefore, if information is important to you, you may remit the fee demanded and obtain the information.

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Sunil Ahya

> The said Delhi High Court judgment is not applicable to the State of Kerala.

 

 

> For instance , in Maharashtra, the Municipality has its own prescribed rules & charges for providing a photocopy of plans & documents, and at the same time there are charges prescribed under the Maharashtra RTI Rules for obtaining a photocopy of plans & documents.

 

And so, when a person applies under the Municipal Rules, he will get photocopies certified as given under the Municipal Rules and will be charged fees as per the Municipal Rules,

 

However if an application is made under the RTI Act, then the plans & documents are given under the Maharashtra RTI Rules, stamped & certified as information provided under the RTI Act, and charged fees as per the RTI Rules.

 

 

> If the information required is urgent for you, then make the payment under written protest as per their demand, and then file a first appeal under section 19(1) with the concerned First Appellate Authority, on the ground that as per section 7(1) the information has to be either provided or the request rejected for any of the reasons specified under section 8 & 9 of the RTI Act. The PIO has neither provided information nor rejected the request by specifying any of the reasons given under the provision of section 8 & 9 of the RTI Act, and thus the PIO has disposed of the request for information in violation of the provision of section 7(1) of the RTI Act.

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koteswararaonerella

you have given lot of details in your post but one thing needs to be known is that RTI fees of Rs. 2/- for xeroxing does not mean and imply , it will apply to everything. for a railway reservation chart , you have to pay Rs.1000/- and for valued answer sheet Rs.1000/- is to be paid therefore if you want information you can obtain by paying without supplimentary question.

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karira

How were those charges framed and notified ?

 

Was it a enactment by legislature or rules thereunder

 

OR

 

was it an administrative order ?

 

If it was a proper enactment or Rules framed under a Act, then the charges are valid.

If they were by way of an administrative order, then they are not valid.

 

==============

 

If the information is important for you, better pay and get the information.

 

Then file a separate RTI to get a copy of the rules under which those rates are being charged. Study that and then go all the way upto the High Court to challenge the order.

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Sunil Ahya

Dear Sir,

 

With due respect,

 

Irrespective of whether charges were framed and notified under rules made (by an executive branch of the govt.) under an Act enacted by legislature or whether they were made under an administrative (executive branch of the govt.) order without the support of an Act enacted by the legislature,

 

Under which case law, the said interpretation of law is applicable to any of the State Govt. Public Authorities except for the Central Govt. Public Authorities ?

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rajun366

Ok the problem is solved, there is an order from the Hon'ble State information commission on the same subject

 

Here is the link (in malayalam)

 

http://keralasic.gov.in/images/stories/sic/decisions/orders2013/icg_13/apno882_12.pdf

 

As per the order, since the above mentioned records already exist in the office and the RTI query is just to get a copy of it, the copies are to be given as per the RTI fees (i.e., Rs.2 for A4 and Rs.3 for A3).

 

 

Thanks

Raju

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IC Praveen

They have now come up with this:Q

 

Central Survey Office, Trivandrum, states In order to obtain COPIES two sketches (prior to resurvey) of our land of A3 paper size THROUGH RTI , pay around Rs.1200/-! ITS acc. to REVENUE (E) Departments order no.: 26428/E/14/Revenue dated 23/09/2016 nullifying above SIC order!

Screenshot_2017-07-03-16-27-39.jpg

Screenshot_2017-07-03-16-27-54.jpg

Edited by IC Praveen

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Prasad GLN

Sorry, the order is latin to non malayali knowing members.

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IC Praveen

The above mentioned actually translates to below - non-verbatim.

 

1. Field sketch, BTR, TPR register copies were requested through RTI, response from village officer and central survey office was to pay amount of around Rs/- 1500 according to a calculation which was defined by them.

 

2. A first appeal was filed against this request on the below mentioned grounds -

Fee- discrepancies....There is an order from the Hon'ble State information commission on the same subject - Here is the link (in malayalam) http://keralasic.gov.in/images/stories/sic/decisions/orders2013/icg_13/apno882_12.pdf

As per the order, since the above mentioned records already exist in the office and the RTI query is just to get a copy of it, the copies are to be given as per the RTI fees (i.e., Rs.2 for A4 and Rs.3 for A3).

For which response from FAA was as per REVENUE (E) Departments order no.: 26428/E/14/Revenue dated 23/09/2016 the individual will have to pay an amount of around Rs/-1500 for field sketch, BTR and TPR copies asked through RTI.

 

3. I hv now filled a new RTI asking for certified copy of above mentioned order...!

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Prasad GLN

Also file a complaint to KSIC and record contempt of the authority to them and enclose all correspondence.

Without waiting for PIO response, search in google for such Revenue order dt.23-09-16.

Whether decision has stated copies only or stated certified copies ?

Whether you want ordinary copies or certified copies ?

 

(Once again SIC orders in Malayalam)

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