Jump to content
  • 0
AVIK2015

Non replying of RTI application by SPIO (RTI against illegal Construction)

Question

AVIK2015

Hi,

 

I have filed RTI to West Bengal Municipal Affairs SPIO asking for all the information stated in http://www.rtiindia.org/forum/showthread.php?139858 post. After receiving the RTI application, Municipal Affairs had redirected the RTI application to DumDum Municipality Chairman/SPIO (intimation to me also) within 5 Days of receiving the RTI and instructed them to give all the information sought in RTI immediately and with giving intimation to Municipal Affairs. But unfortunately 30 Days over and I have not received any information from neither the concerned municipality nor Municipal Affairs. I am not expecting to receive any response from Municipal Affairs as they had done their duty to transfer the RTI application to concerned municipality.

 

Now what will be my next step? I would like to file again RTI complain to FAA of Municipal Affairs for non receiving information from SPIO for the RTI application. Could anyone Please guide me how to file the RTI to FAA? Do I need to again give fees for RTI? What will be the format to writting RTI to FAA of Municipal Affairs?

 

Also this time I would like to file the RTI under section 21, as there will be a penalty charge for non replying the RTI application.

 

I am waiting for your reply. Thanks in advance for your all help!!!

Share this post


Link to post
Share on other sites

11 answers to this question

Recommended Posts

  • 0
rtiindia

Hi AVIK2015 and welcome to RTI INDIA- Right to Information! This is an introductory reply and members of our forum shall reply to your specific query shortly.

 

You have just made a post at our community which is dedicated to helping you in matters of Right to Information. If you are new to RTI, you should read this article here What is Right to Information? - Guide. And if you are interested in reading the whole RTI Act please go to the following link: Right to Information Act 2005 [RTI Wiki]

 

PLEASE NOTE: We may not be able to answer your query conclusively, if it is not related to RTI, like finding a mobile number, vehicle registration number etc. These are not related to RTI.

 

AVIK2015 here are some more links for you to explore about #RTI:

 

1. Download RTI Forms: http://www.rtiindia.org/forum/docs/cat/11-sample-rti-forms/

2. Read here about How to Become RTI Activist

3. Read here RTI Online- Step by Step Guide to File RTI Online

4. Here you shall find various Centre / State RTI Rules and Fees: http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/

5. Read here about various case laws of RTI: http://www.rtiindia.org/law/

 

Thank You!

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

Submit First Appeal to Municipality (to where your application was finally directed) with the grounds of deemed denial.

Grounds for First Appeal: PIO has neither provided information nor denied information stating exemptions, hence treating the information as deemed denial, this first appeal.

PRAYER: Appellant prays for directing PIO to provide the information as expeditiously as possible free of cost.

Share this post


Link to post
Share on other sites
  • 0
AVIK2015

Thank you sir. Could you please help me to draft RTI to FAA under deemed denieal?

 

Also there is no SPIO or FAA available in Dumdum municipality. That's why I had to file RTI to Municipal Affairs and told them to redirect the Application to the concerned authority within 5 days if any of the information requested in RTI is not available with them. As per my request Municipal Affairs redirected the RTI application to concerned municipality chairman. Shall I file appeal to FAA of municipal affairs as there is no FAA available in concerned Municipality?

 

Also I would like file RTI to FAA under section 21. How to add the statement in RTI application so that it would be more effective?

Edited by AVIK2015

Share this post


Link to post
Share on other sites
  • 0
AVIK2015
Submit First Appeal to Municipality (to where your application was finally directed) with the grounds of deemed denial.

Grounds for First Appeal: PIO has neither provided information nor denied information stating exemptions, hence treating the information as deemed denial, this first appeal.

PRAYER: Appellant prays for directing PIO to provide the information as expeditiously as possible free of cost.

 

Thank you sir. Could you please help me to draft RTI to FAA under deemed denieal?

 

Also there is no SPIO or FAA available in Dumdum municipality. That's why I had to file RTI to Municipal Affairs and told them to redirect the Application to the concerned authority within 5 days if any of the information requested in RTI is not available with them. As per my request Municipal Affairs redirected the RTI application to concerned municipality chairman. Shall I file appeal to FAA of municipal affairs as there is no FAA available in concerned Municipality?

 

Also I would like file RTI to FAA under section 21. How to add the statement in RTI application so that it would be more effective?

 

- - - Updated - - -

 

Submit First Appeal to Municipality (to where your application was finally directed) with the grounds of deemed denial.

Grounds for First Appeal: PIO has neither provided information nor denied information stating exemptions, hence treating the information as deemed denial, this first appeal.

PRAYER: Appellant prays for directing PIO to provide the information as expeditiously as possible free of cost.

 

There is no SPIO or FAA available in Dumdum municipality. That's why I had to file RTI to Municipal Affairs and told them to redirect the Application to the concerned authority within 5 days if any of the information requested in RTI is not available with them. As per my request Municipal Affairs redirected the RTI application to concerned municipality chairman. Shall I file appeal to FAA of municipal affairs as there is no FAA available in concerned Municipality?

 

Also I would like file RTI to FAA under section 21. How to add the statement in RTI application so that it would be more effective?

 

- - - Updated - - -

 

Dear member,

You may file First Appeal to the FAA within 30 days by referring following link. No fee for FA is required.

 

http://www.rtiindia.org/forum/attachments/blogs/attachment2213d1238128598-first-appeal-state-govts-first-appeal-state-info-doc

 

Thank you sir. Could you please help me to draft RTI to FAA under deemed denieal?

 

Also there is no SPIO or FAA available in Dumdum municipality. That's why I had to file RTI to Municipal Affairs and told them to redirect the Application to the concerned authority within 5 days if any of the information requested in RTI is not available with them. As per my request Municipal Affairs redirected the RTI application to concerned municipality chairman. Shall I file appeal to FAA of municipal affairs as there is no FAA available in concerned Municipality?

 

Also I would like file RTI to FAA under section 21. How to add the statement in RTI application so that it would be more effective?

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

Even without asking I have provided Grounds for appeal and prayer in my reply. You can write a letter to PIO and ask him to send the first appeal to concerned FAA under intimation to you, and assist you in filing first appeal under RTI. Invariably send by Registred post track. He is under obligation to send the appeal to his superior /FAA under intimation to you. Still your tasks will be completed and we are expected to send the same to PA when FAA is not known. In prayer portion you can mention all remedies you require.

 

I am sorry I could not follow Sec.21 stated by you, as it gives legal protection to PIO for actions taken in good faith. (You may be quoting Sec.20)

Share this post


Link to post
Share on other sites
  • 0
AVIK2015
Even without asking I have provided Grounds for appeal and prayer in my reply. You can write a letter to PIO and ask him to send the first appeal to concerned FAA under intimation to you, and assist you in filing first appeal under RTI. Invariably send by Registred post track. He is under obligation to send the appeal to his superior /FAA under intimation to you. Still your tasks will be completed and we are expected to send the same to PA when FAA is not known. In prayer portion you can mention all remedies you require.

 

I am sorry I could not follow Sec.21 stated by you, as it gives legal protection to PIO for actions taken in good faith. (You may be quoting Sec.20)

 

Thank you so much sir. I will keep it in mind.

 

I have another question. I have searched the West Bengal Information commission website but unable to find whether I need to attach 10/- Indian Postal order as RTI payment during RTI to FAA. I am pretty sure that for central govt. we are not supposed to pay anything for RTI to FAA. However as some states has provision for payment, so I would like to get sure that whether for West Bengal, we have to pay any amount.

 

Also is there any post available in this site regarding section 20?

 

Thanks in advance!

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

This portal is a departmental library for all RTI reference and one stop.

You can search in this portal RTI Act and find section 20

You can also search for WB RTI Rules and regulations in RTI guide.

Share this post


Link to post
Share on other sites
  • 0
AVIK2015
This portal is a departmental library for all RTI reference and one stop.

You can search in this portal RTI Act and find section 20

You can also search for WB RTI Rules and regulations in RTI guide.

 

Thank you sir.

 

I know now I am bothering you too much but it will be great help if you could help me to draft the RTI application to FAA. There are various format available but I am very confused which will be effective. Hope you don't mind.

Share this post


Link to post
Share on other sites
  • 0
Prasad GLN

I have immediately responded your personal message . Grounds for appeal was provided, prayer part only brief facts on date of rti application and PIO response has to be provided with your postal The correspondence with FAA is called First appeal, narrating that information was not provided by PIO with in statutory stipulated period of 30 days.

I do not know Format the general format is so simple

 

First Appeal dt....under RTI Act

Appellant:

PIO:

 

Brief facts:

Grounds for appeal:

Prayer:

Place

Date signature

 

(sending the same by Regd., post with self attest copy of RTI. In a page print first appeal and on the back side of same appeal xerox RTI application, so that only one page is used) track delivery status.

Just commence, the process is simple)

Share this post


Link to post
Share on other sites
  • 0
AVIK2015
I have immediately responded your personal message . Grounds for appeal was provided, prayer part only brief facts on date of rti application and PIO response has to be provided with your postal The correspondence with FAA is called First appeal, narrating that information was not provided by PIO with in statutory stipulated period of 30 days.

I do not know Format the general format is so simple

 

First Appeal dt....under RTI Act

Appellant:

PIO:

 

Brief facts:

Grounds for appeal:

Prayer:

Place

Date signature

 

(sending the same by Regd., post with self attest copy of RTI. In a page print first appeal and on the back side of same appeal xerox RTI application, so that only one page is used) track delivery status.

Just commence, the process is simple)

 

Thank you so very much.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Similar Content

    • p.esakkimuthu
      By p.esakkimuthu
      The RTI Act provides for transfer of information u/s 6(3) if the information is/are held by other PIO/PIOs. I asked 15 infromations from the Ministry of Finance. Out of these 15 informations, 12 informations are to be answered by other ministries.Whether the Ministry of Finance is leagally liable to transfer the 12 informations to other PIOs u/s 6(3) of the RTI Act. The inance Ministry refused to act as persec 6(3) of RTI Act saying that they can not do the Postman work of others.What is the position with regard to this aspect.
    • ganpat1956
      By ganpat1956
      RTI Act unearths illegal construction
      26 Aug 2007, 0148 hrs IST,TNN
      [/url]
      LUDHIANA: Information sought under the Right to Information (RTI) Act has unearthed serious irregularities on the part of senior officials of Ludhiana municipal corporation in allowing illegal construction in the city.
       
      The information provided under RTI to advocate Rajesh Kumar may now land senior officials in major trouble as LMC has admitted that as per records available with it for 2001-07, no building plan was granted permission for construction of commercial building along the roads between Model Town market till Chaar Khamba and Gulati Chowk till Mintghumari Chowk.
       
      But there are around 60 commercial establishments on these two roads and more are coming up.
       
      Interestingly, earlier in March this year in reply to the same application, LMC had even admitted that the drawing branch of the corporation did not have any records pertaining to commercial buildings in this area.
       
      The absence of mandatory records and non-fulfilment of legal formalities have turned these commercial establishments illegal, but LMC has not taken any action to stop such activity.
       
      "If they have declared any area on these two roads road as commercial, then LMC must have complete records of commercial establishments. But since they have admitted that they don’t have the records of even a single building, therefore it is evident that all these constructions are illegal," Rajesh Kumar told TOI.
       
      The applicant had filed an application to procure information under the RTI ACT in September last year, and it took LMC around nine months to deliver the final information.
       
      Dissatisfied with the initial information provided by LMC, the applicant had knocked the doors of the State Information Commission. When contacted, principle secretary of local bodies department DS Bans said he was not in a position to comment on the irregularities without having full details about the matter.
       
      RTI Act unearths illegal construction-Chandigarh-Cities-The Times of India
       
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy