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Debashis Basu

my RTI battle in hand with Land & Land & Land Reforms Dept

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Debashis Basu

I would like to keep fellow activists posted on my RTI battle in hand with Land & Land & Land Reforms Dept, Government of West Bengal (This document is big and will require patience to read ! You may please skip the Land details portion and go to "Prayer & Relief Sought By Applicant) I have also written this document following the exact 2nd appeal format).....................

 

An application under subsection (1) of section (19) (1st Appeal) under RTI Act 2005

Today July 1, 2007

Name & Address of the applicant :

Smt Sushila Devi Agarwalla

Agarwalla Iron & Steel Works

11 Circus Market Place

Agarwalla Chambers

Kolkata 700 017

By the pen of :

Debashis Basu

Authorized Representative

Name and address of the Authority

 

Mr T K Chakraborty WBCS

Appellate Authority under RTI Act 2005

 

Joint Secretary – Land & Land Reforms Department

Government Of West Bengal

Writers Building, BBD Bag

Kolkata 700001>

Particular of the order including its number & date

Order No. 4614 –Estt. / 1C / Bdwn – 10 / 07 Dated 18th July 2007

Order from : The State Public Information Officer & Deputy Secretary to the Government of West Bengal

Order to : Debashis Basu (Authorized Representative) of Smt. Sushila Devi Agarwalla

11, Circus Market Place, Agarwalla Chambers, Kolkata 7

The Order :

“ In acknowledging receipt of your petition dated 01.07.07 under RTI Act. 2005, I am to request you to kindly get in touch with the Office of Sub-division Land & Land Reforms Officer, Asansol to whom your petition is being sent, for the required information”.

Signed by : Deputy Secretary & SPIO to the Land & Land Reforms Department

Brief fact of the case

 

The petitioner had made an application under RTI Act 2005 on last July 1, 2007 to seek reply of following questions :

(1)Present status of the “following lands” stated in Part 1 to Part 9 as stated in July 1, 2007 application under RTI Act 2005

(2) Name & address of the unauthorized occupier to whom Land & Land Reforms dept, Govt Of West Bengal has given patta of “following lands” stated in Part 1 to Part 9 as stated in July 1, 2007 application under RTI Act 2005

(3) Why the local Land & Land Revenue has not taken necessary steps to mutate the “following lands” in favour of M/s Agarwalla Iron & Steel Works

Abovesaid “following lands” are :

Part – 1 Land Records

 

0.45 acres of land PS – Kanksa, Sub division – Asansol, sub Registry – Ranigunj, in the District – Burdwan under Touzi no.1 of Burdwan Collectorate in Khatian no.938 and 935 Pargana - Silampore within village or Mouza – Amlajora, Revenue survey no.2043, J L no. 64 Being CS plot no. 230, 255 and 256.

Part – 2 Land Records

 

0.82 acres of land PS – Kanksa, Sub division – Asansol, sub Registry – Ranigunj, in the District – Burdwan under Touzi no.1 of Burdwan Collectorate J L no. 64 Revenue Survey no. 2043 in Mouza – Amlajora, being CS plot no. 247 under tenants khatian no. 128

Part – 3 Land Records

0.12 acres of land PS – Kanksa, Sub division – Asansol, sub Registry – Ranigunj, in the District – Burdwan under Touzi no.1 of Burdwan Collectorate in Khatian no. 226 Pargana – Silampore within village or Amlajora RS no. 2043 J L no.64 being CS plot no. 248

>

Part – 4 Land Records

 

0.9 acres of land PS – Kanksa, Sub division – Asansol, sub Registry – Ranigunj, in the District – Burdwan under Touzi no.1 of Burdwan Collectorate in Khatian no. 939 Pargana - Silampore within village or Mouza – Amlajora, Revenue survey no.2043, J L no. 64 Being CS plot no. 249

Part – 5 Land Records

 

0.12 acres of land PS – Kanksa, Sub division – Asansol, sub Registry – Ranigunj, in the District – Burdwan under Touzi no.1 of Burdwan Collectorate in Khatian no.936 Pargana - Silampore within village or Mouza – Amlajora, Revenue survey no.2043, J L no. 64 Being CS plot no. 252- 252 and 253

Part –6 Land Records

 

0.13½ acres of land PS – Kanksa, Sub division – Asansol, sub Registry – Ranigunj, in the District – Burdwan under Touzi no.1 of Burdwan Collectorate in Khatian no.930 Pargana Silampore within village or Mouza – Amlajora, Revenue survey no.2043, J L no. 64 Being CS plot no. 254

Part – 7 Land Records

 

0.7 acres of land PS – Kanksa, Sub division – Asansol, sub Registry – Ranigunj, in the District – Burdwan under Touzi no.1 of Burdwan Collectorate in Khatian no.937 Pargana Silampore within village or Mouza – Amlajora, Revenue survey no.2043, J L no. 64 Being CS plot no. 260

Part – 8 Land Records

 

0.69 acres of land PS – Kanksa, Sub division – Asansol, sub Registry – Ranigunj, in the District – Burdwan under Touzi no.1 of Burdwan Collectorate in Khatian no.470 Pargana Silampore within village or Mouza – Amlajora, Revenue survey no.2043, J L no. 64 Being CS plot no. 261

Part – 9 Land Records

0.23 acres of land PS – Kanksa, Sub division – Asansol, sub Registry – Ranigunj, in the District – Burdwan under Touzi no.1 of Burdwan Collectorate in Khatian no.470 Pargana- Silampore within village or Mouza – Amlajora, Revenue survey no.2043, J L no. 64 Being CS plot no. 261 (partly).

Prayer & Relief sought by applicant

 

Petitioner pray for answers of following questions :-

  • Present status of the abovesaid lands stated in Part 1 to Part 9 which were purchased by M/s Agarwalla Iron & Steel Works by a registered deed Book no.1 Volume – 92 pages 38 to 55 being 2014 for the year 1967 in the office of Registrar of Assurances, Calcutta. ( This question was asked in July 1, 2007 application under RTI Act 2005 of the petitioner)

  • Name & address of the unauthorized occupier to whom Land & Land Reforms dept, Govt Of West Bengal has given patta of abovesaid lands stated in Part 1 to Part 9 which were purchased by M/s Agarwalla Iron & Steel Works by a registered deed Book no.1 Volume – 92 pages 38 to 55 being 2014 for the year 1967 in the office of Registrar of Assurances, Calcutta. ( This question was asked in July 1, 2007 application under RTI Act 2005 of the petitioner)

  • Why the local Land & Land Revenue has not taken necessary steps to mutate the abovesaid lands in favour of M/s Agarwalla Iron & Steel Works which were purchased by M/s Agarwalla Iron & Steel Works by a registered deed Book no.1 Volume – 92 pages 38 to 55 being 2014 for the year 1967 in the office of Registrar of Assurances, Calcutta. ( This question was asked in July 1, 2007 application under RTI Act 2005 of the petitioner)

  • Pray for imposition of exemplary penalty being the maximum penalty amount as stipulated in RTI Act 2005 on SPIO to the Land & Land Reforms department, Government of West Bengal as per section (1) of section (20) of RTI Act 2005 due to his failure to implement RTI Act 2005.

Ground of such prayer relief

 

The petitioner is aggrieved by the decision of SPIO to the Land & Land Reforms department, Government of West Bengal by his order under reference : 4614 – Estt./ 1C / Bdwn – 10 / 07 dated 18th July 2007 on following grounds :-

  • SPIO to the Land & Land Reforms department, Government of West Bengal has refused to give any direct and specific reply to petitioner’s questions without showing any valid reason.

  • SPIO to the Land & Land Reforms department, Government of West Bengal has mentioned in his order no. 4614 – Estt./ 1C / Bdwn – 10 / 07 dated 18th July 2007 that (Quote) get in touch with Office of Sub – Division Land & Land Revenue Officer, Asansol to whom your petition is being sent (Unquote). He has failed to act immediately as stated in section (3) of RTI Act 2005.

  • By such refusal, SPIO to the Land & Land Reforms department, Government of West Bengal has failed to comply with sub section (4) of section (5) of RTI Act 2005 as Office of Sub – Division Land & Land Reforms Officer , Asansol is not “another Public Authority” which has been duly defined in sub section (h) of section (2). This is a district sub-division office under Land & Land Reforms Department, Government of West Bengal.

By such refusal, SPIO to the Land & Land Reforms department, Government of West Bengal has made willful latches to bring in the Office of Sub – Division Land & Land Reforms Officer, Asansol under the purview of sub section (5) of section (5) of RTI Act 2005 to provide direct and specific reply to petitioner within the stipulated time limit

  • By such refusal, SPIO to the Land & Land Reforms department, Government of West Bengal has failed to reply within 30 days from the date of receipt of petition in violation of sub section (1) of section (7 ) of RTI Act 2005

Verification by the applicant

 

I, Sri Debashis Basu, S/o Late Hirendra Nath Basu residing at 86 Arabinda Sarani, Kolkata 700005 aged 53 years working for gain at 11 Circus Market Place, Agarwalla Chambers, Kolkata 700017 is duly appointed Authorized Representative of Sushila Devi Agarwalla.

I do solemnly affirm that all above statements are true to my knowledge and information.

Documents attached with application under subsection (1) of section (19)

 

  • The attested true copy of the order under reference : 4614 – Estt./ 1C / Bdwn – 10 / 07 dated 18th July 2007

  • The attested true copies of the document relied upon by the appellant and referred to in the appeal :-

(i)Petition dated July 1, 2007 and reminder dated July 25, 2007 by the appellant

(ii)Registered deed of purchase by M/s Agarwalla Iron & Steel Works being the Book no.1 Volume 12 pages 38 to 55 being 2014 for the year 1967

  • An index of document referred to in the appeal

(i)Annexure 1 - attested true copy of the order under reference : 4614 – Estt./ 1C / Bdwn – 10 / 07 dated 18th July 2007

(ii)Annexure 2 - Petition dated July 1, 2007 under RTI Act 2005

(iii)Annexure 3 - Reminder petition dated July 25, 2007 under RTI Act 2005

(iv)Annexure 4 – Purchase deed of M/s Agarwalla Iron & Steel Works

For Sushila Devi Agarwalla

 

By the pen of

Signature of Debashis Basu

 

Authorized Representative

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Debashis Basu

I would like to keep fellow activists further posted on my RTI battle in hand with Land & Land & Land Reforms Dept, Government of West Bengal................................. I have sent a further reminder today :-

 

To

Mr T K Chakraborty

Appellate Authority under RTI Act 2005 &

Joint Secretary – Land & Land reforms Department

Government of West Bengal

Writers Building, BBD Bag

Kolkata 700001

By Registered Post with Acknowledgement

 

Re My appeal dated August 1, 2007 u/s 19(1) of RTI Act 2005

 

Name of Applicant : Smt Sushila Devi Agarwalla through her authorized representative Debashis Basu

Address of Applicant : 11 Circus Market Place , Agarwalla Chambers, Kolkata 700017

Information required :

With reference to my appeal against SPIO to Land & Land Reforms Dept, Govt Of West Bengal for his order no. 4614 –Estt / 1C/Bdwn –10/27 dated July 18, 2007(copy of which is attached for your ready reference) , kindly provide me following information :

1.What is daily progress of my complaint on which basis I had preferred the abovesaid appeal ?

2.What is the norm for handling of such complaints and time specified within which complaints must be acted upon as per your departmental norms ?

3.Who are the officer / officers who are responsible for acting on my specific question under RTI Act 2005 dated July 1, 2007 ?

4.Please provide an action taken report (ATR) against the defaulting officer/officers in the specific case of my complaint.

5.Whether you are of decisions of CIC in appeal no.CIC/OK/A/2006/0024 dt 21 May 2007 and appeal no. CIC/WB/C/2006/00149 dated 21.07.06 ( Copy of which attached for your ready reference).

For Sushila Devi Agarwalla

By the pen of

Debashis Basu

Authorized Representative

Date : August18, 2007 Place : Kolkata

Declaration : I have submitted my application fee of Rs 10/- as my initial application fee by affixing Rs 10/- court fee stamp with my application dated July 1, 2007 under RTI Act 2007

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