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harindersinghrawat

REQUEST FOR CLARIFICATION ON SECTION 8(3) OF RTI ACT

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harindersinghrawat

Information was not provided by pio stating that following (reply attached). Request for guidance and help 

Thanking you

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harindersinghrawat

Sir, I sought information regarding forest map as my land is adjacent to forest land.

Boundary of forest and my agricultural land shares  common boundary. I required this forest map in order to get my agricultural land measured .

In absence of forest map boundary between my land and forest cannot be ascertain as a result patwari cannot measure my land.

As boundary of forest is reference point.

Now, forest department says these records are old and turnout condition and 20 years old and exempted under section 8 (3) Rti act.

As my land is ancestral land and 50-60 years old and before my parents leave this world they wish to measure land and get it endorsed in revenue map.

In view of above I require this map. Request for guidance and solution.

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Prasad GLN

The first issue is PIO is stating that he is not having such records, which may not be true, as land records are permanent in nature.  If they are not available the PIO must state what happened to the records if those permanent records cannot be destructed periodically like other records.

The second issue is Sec.8 (3).  It is most unfortunate that even after 15 years of enactment, PIOs are not aware of fundamental.  Please go through such Sec.8 (3), this is not an exemption at all.  It is a facility that even those records that are exempted of Ministry/ cabinet decisions, those can be accessed to.  This is a positive point for disclosing information for those records which are exempted initially.  The best examples known to all Netaji's disappearance files,  Emergency files, which are exempted, but after 20 years that become a public record and citizen can access those records..  PIO is deliberately misleading applicant without application of mind and with interpretation as he likes. 

Go for first appeal stating that such nonavailability of record of permanent nature is not an exemption as stated in  RTI Act. unless PIO justifies the reasons for such disappearance of permanent records and has even to file the complaint to police or procure from some other office and provide it to an applicant.    Even if those records cannot be traced, they knew that a parallel record must have been existing somewhere.

Search in the forum for the above decisions of 1.Missing records. 2. Wrongful denial under Sec.8 (3) and keep it ready for the second appeal.  During the first appeal, you need not quote any decisions but states grounds for appeal that not quoting relevant section with such justification by PIO as grounds for the first appeal.

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Sunil Ahya

Please find section 8(3) quoted below, read the underlined words and prepare the ground of your first appeal accordingly:

Quote

 

Section 8(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under secton 6 shall be provided to any person making a request under that section:


Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act.

 

The objective behind enactment of this exemption was that, time is a great healer, and information which happened to be sensitive (e.g. riots, war etc.) at a given point in time would no longer be sensitive after a lapse of time (i.e. 20 years),

And therefore, a sensitive information which could not have been disclosed at that time should be disclosed later on as the time would have healed the sensitivity of the issue.

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harindersinghrawat

Sir, Thank you very much

Your hard efforts in educating common citizen of this country are really praise worthy .

Once again thanks a lot sir.

 

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