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calljasprit

A shopkeeper filed complaint and due to inaction filed rti seeking action on complaint with MCD to remove encroachment and unauthorised construction. The MCD in response challaned him for trade license with a view to close his business as it was pick and choose. No one else in the market was called . how to proceed from here

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Shopkeeper should file another RTI seeking following details from MCD:

 

1. Year-wise number of cases in which action is taken by MCD for not obtaining trade licence in last three years ended 31-03-2014

 

2. Year-wise number of notices issued for not obtaining trade licence in last three years ended 31-03-2014

 

3. Names, designations, present place of posting of officers with dates of posting in dept dealing with trade licence, responsible for checking if trade licence condition is complied by traders in last three years ended 31-03-2014.

 

4. Certified photocopies of record including file notings based on which notice dated ______ has been issued [self attested photocopy of notice attached herewith]

 

5. Dates of exercise carried out by MCD for checking compliance of trade licence condition in last three years ended 31-03-2014

 

6. Number of cases where action has been taken in any other law against users of RTI Act against MCD in last three years ended 31-03-2014.

 

7. Name, designation and address of appellate authority of MCD to whom appeal can be filed against enclosed notice dated ________

 

8. Total number of traders as on 31-03-2014 functioning under MCD jurisdiction with or without trade licence.

 

Note: Based on above information I intend to file complaint u/s 18 of RTI Act to Central Information Commission for singling me out for harassment by MCD officers for using RTI Act.

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Notice means callan. You may replace notice word with challan word in post No. 3. In Gujarat it is called notice and hence I used that word.

 

In addition to RTI, the shopkeeper should apply and get trade licence, if it is applicable to him as per law applicable to such shopkeepers.

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Prasad GLN

What is the ultimate lesson ?

Do not take risks of filing RTI when you are not following proper rules and regulations.(Living in glass house and pelting stones to outsiders)

In case of risks get application filed by a friend or relative from outstation.

Those activists, who advise others should also anticipate retaliatory measures from PA and insulate against such risks.

RTI is not a solution for all problems certainly but it may also leads to problems some times.

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MANOJ B. PATEL

Dear sir, with due respect, we do not know this shop owner is faulty. I do not believe that he does not following proper rules and regulations.

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Prasad GLN

Manoj saab.

The reply is on lighter vein and in general context. An advocate accepts any case ( Even Greatest personalities) knowing that it is not Dharma to take that case, and they have a general explanation it is their Dharma to accept a case and it is professional. Just look as to how many great personalities are arguing the cases of those polical leaders though they were once great enemies.

We do our duty. The decision is always left to member either to take it or leave it. You might have also observed that there are some smart members with preconception and bent of mind, and they make an attempt to thrust their views and if one supports their contention feel happy and if otherwise threaten to leave the portal.

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calljasprit

Yes sir the shopkeeper is hand to mouth he does not have resources to chase the public servants to get a license and also 90% shop in the said market are without license. He is being victimised because he found courage to speak against misuse of authority by public servants

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