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Need draft for detail information on culvert.


debaprasad92

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debaprasad92

Respected members,

Here in our local area a new culvert was under construction. Whole budget was sanctioned by Mahanadi Coafields Ltd (MCL) under CSR activities. I need a draft by which i can get information on the project.

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Prasad GLN

Application dt.21st Jul,2015 seeking information under RTI Act

Before : CPIO, Mahanadi Coafields Ltd (MCL)

RTI fee: Indian Postal Order No....for Rs.10/- Fvg. Acccounts Officers, MCL

Applicant:

 

Brief: Construction of culvert at....................................... under CSR activities.

 

Information solicited: (Certified copies)

1)Please provide me the tender specifications

2.Copy of agreement entered in between Contractor and Public Authority.

3.)Inform present status and due date for completion.

4)Please provide total outlay, work completed, bills sanctioned, and balance amount due in financial terms.

5)Please provide the latest inspection certificate available on record.

6)Please inform the name of the Authority who is co-ordinating and in charge of the project with his name, designation and mobile no.

 

Place

Date.....................................................Applicant.

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RAVEENA_O

First find out which department awarded the construction contract - is it MCL or PWD or Panchayat? You must file RTI Application to PIO of agency awarded the contract work.

 

Also seek following information:

 

[1] Certified copy of the Acceptance letter issued to the Contractor executing work of construction of culvert / bridge at .......................(give location).

 

(Acceptance letter shall show the tender value and target completion date )

 

[2] Please inform me the total budget grant sanctioned and released by MCL under CSR for construction of culvert / bridge at .......................(give location).

 

[3] Certified copy of the sanctioned estimate for the work of construction of culvert / bridge at .......................(give location) under CSR fund released by MCL.

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debaprasad92

Thank you sir & madam...this project has now become most dangerous..because the slope of this culvert is too high than similar to road..unsafe for public...already so many injured by falling..can i file under life and liberty?

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RAVEENA_O

You are seeking information regarding a contract work.

 

In the matter of N.N. Kalia vs University of Delhi, the CIC passed following observation about section 7(1), which might help you to understand the provision better.

 

Proviso of Section 7(1) reads as "Provided that where the information sought for concerns the life OR liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.

 

This proviso has to be applied only in exceptional cases. Whether the information sought concerns the life or liberty of a person has to be carefully scrutinized and only in a very limited number of cases this ground can be relied upon. The government machinery is not designed in a way that responses to all RTI Applications can be given within forty-eight hours. A broad interpretation of ‘life or liberty’ would result in a substantial diversion of manpower and resources.

 

The life or liberty provision can be applied only in cases where there is an imminent danger to the life and liberty of a person and non-supply of information may either lead to death or grievous injury to concerned person. Liberty of a person is threatened if she or he is going to be incarcerated or has already been incarcerated and disclosure of the information may change that situation. If disclosure of information would obviate the danger, then it may be considered under the proviso of Section 7(1). The imminent danger has to be demonstrably proven. When a citizen exercises his or her fundamental right to information, the information disclosed may assist him or her to lead a better life. But in all such cases, proviso of Section 7(1) cannot be invoked unless imminent danger to life and liberty can be proven.

 

Also please read:

 

Life Or liberty : discussion thread: http://www.rtiindia.org/forum/1584-right-life-liberty-clause.html

 

Life or Liberty – CIC decisions:

 

http://cic.gov.in/CIC-Orders/Decision_19042006.pdf

 

http://cic.gov.in/CIC-Orders/Decision_27062007_03.pdf

 

http://cic.gov.in/CIC-Orders/Decision_18072006_1.pdf

 

 

LIFE or LIBERTY

http://www.rtiindia.org/forum/77344-rti-question-cancer-pm-relief-fund.html#post189546

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debaprasad92

We have already lodged grievance petition before sub collector...i think nothing will happen...so after getting documents, we will move to higher authorities.

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Prasad GLN

Whether any one accepts our opinion or not, our duty is to throw pearls before....

Further if it is really dangerous, you have to seek feasibility report and the officials identified such culvert, if need most immediate remedy is consolidating public support and filing PIL before HC and getting a stay order, but remember to be clean your conscience and not with any motives/jealousies.

Simply because surroundings get flooded during rainy season, one can not resist, but what about long term benefits is to be considered.

Are the Engineers and others are foolish and ignored public interest and taken up this project ? For whose benefit the culvert is being laid and it's proposed benefits as discussed in project report and whose aspirations or reasons that inspired this project over all others ?

Topic is interesting, as how can smart, hardworking, responsible persons ignored this probable danger ?

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debaprasad92

In our grievance petition we sought to black list the contractor. Sir we have never filed PIL. Can we do this without any lawyer?

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Prasad GLN

Filing PIL is not that much easy even for Advocates also. If the petitioner is from same field, there may be chances of attributing more motives to him.

There are voluntary organisations that may take up the case and have large funds at their disposal. Do not spend money/time and sacrifice your peace for such other matters.

Your duty as citizen ends- when you have reported and brought the attention of authorities as to specific reasons for black listing him.

If you take more than that action, then it may appear as though you have conflicts with contractor and for self interest you are doing all this. (Please always remember Panchatantra Story Donkey should never perform the duty of a dog )

 

I am surprised as to how the post is taking twists and turns. First it is public authority, then it went to Public safety, then it went to black listing of contractor and now it is PIL ? How black listing of contractor is concerned with Public safety, when contractor is performing his duty as per contractual terms and there is an authority that takes decisions through inspection and design ?

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debaprasad92

This is a issue of public safety. I asked for a draft because i need all documents regarding this construction. I will not file any PIL, i just want to know some information about PIL. I want to black list this contractor because of his negligence people are facing difficulties. Authorities said they will take action if anyone file complaint. So we file complaint,but still no action taken. We are afraid of any casualties. That's all.

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