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Tehsil- requested farm land documents copies thru RTI


Lonely_Warrior
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I sent online rti application to collector office, they forwarded it to related tehsil  which is 80 km away from my living place, rti is for requesting ferfaar documents copies of a farm land,. 

then in reply, they said your documents are ready but come here and take it physically, I said its too away from me to take by hand (80km away) so plz send by post or email , they said its not possible, such documents are given only by physical at tehsil.. (because one can avail it by one simple application, paying 5rs court fee and document copy govt fee..)

so my question is, as per rti act rules, they really not bind to send it via email or post?

If they sends it via post, then what is procedure to pay document fee, postage fee?

And if they sends it by email, then will they takes document copies fee or not?

Edited by Lonely_Boy
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Let us be frank.  If information is really urgent and important, stepping out should not be the problem.

RTI Act never states on such physical delivery, and states that the certified copies are to be provided by post with copying fees of Rs.2/- per A4 size paper.  The PIO should demand providing this calculation and applicant should remit the same by post.  You can send such demanded fees in the mode requested by PIO and request them to send it by Regd post, and inform PIO that it is not possible to visit the office to collect those documents.  Wait for the reply of SPIO.

You can go for first appeal against such direction of PIO and then to State Commission for second appeal if PIO fails to provide the certified copies by post.

The details provided are not adequate to offer further guidance, without knowing the documents solicited by you, and the practice prevailing in that office for providing copies before RTI Act 2005.  If there is a practice of providing such copies at the Tehasildar office, before enactment of RTI, that procedure prevails over RTI Act.

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3 hours ago, Prasad GLN said:

 

The details provided are not adequate to offer further guidance, without knowing the documents solicited by you, and the practice prevailing in that office for providing copies before RTI Act 2005.  If there is a practice of providing such copies at the Tehasildar office, before enactment of RTI, that procedure prevails over RTI Act.

Yes, such documents are available for PPL even before 2005, PPL jus have to fill a simple form Requesting that document, attach 5rs court fee and submit,.. then document copies given to PPL at fee 20~50rs

The document I want is of farm land, which gives info about how a farm land comes on current name by previous owner name,. and this document is available in land records room of Tehsil...

 

And I asked thru RTI because it is 80 km long from my place, so I thought I will get it by post...

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Please read the relevant sentence in the reply: the practice prevailing in that office for providing copies before RTI Act 2005. 

If there is such a practice that practice should prevail.

From the additional information the presumption is that you are asking records basing on which mutation was done and that you have filed RTI Application.

SPIO has to provide such record for a fee, and should demand you through such calculation date.

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Under RTI Act, SPIO is supposed to provide the form in which it exists (either digital or hard copy) and there is no obligation to provide in other forms because applicant requested.

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On 12/4/2021 at 8:40 AM, Prasad GLN said:

 

RTI Act never states on such physical delivery, and states that the certified copies are to be provided by post with copying fees of Rs.2/- per A4 size paper. The PIO should demand providing this calculation and applicant should remit the same by post.  You can send such demanded fees in the mode requested by PIO and request them to send it by Regd post, and inform PIO that it is not possible to visit the office to collect those documents.  Wait for the reply of SPIO.

 

Will he call me to tell all this calculations or he should say this all in reply by post..?? and same vice versa should I tell him my wish by post..?

Edited by Lonely_Boy
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You have to go for first appeal as follows:

First Appeal dt.6th Dec, 2021 under RTI Act

 

Before: First Appellate Authority, Revenue Divisional officer,.................

Against: Tehasildar,....................................

Appellant:....................

Brief Facts: Applicant has vide his application dt......solicited certified copies, and SPIO vide his letter dt...................demanded the applicant to come to his office, located...........km from applicant's place to collect the documents.

Grounds for first appeal:  SPIO has not followed the following stipulation in RTI Act.

"7 (a) the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub- section (1), requesting him to deposit that fees, and the period intervening between the despatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;"

PRAYER:  Appellant prays for directions to send such calculation and amount to be paid as per above stipulation in Sec.7 (a) of RTI Act, and for expediting the certified copies immediately on receipt of fees by Registered post to appellant, as appellant is not in a position to travel for collection of the solicited documents.

 

Appellant.

Edited by Prasad GLN
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After filing appeal , appeal authority will tell me and PIO to present there for hearing..??

and if PIO is found to be guilty then what fine can be imposed by appeal authority...??

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No one can foretell the FAA orders, however attendance of appellant during hearing is not mandatory under RTI Act, and a sentence can be written as NB in the appeal that appellant can not appear for personal hearing.  and orders can be issued on merits of the appeal.  However PIO attendance is mandatory, but PIOs never attend FAA hearing, though the burden is on them to justify such reply.  It is left to FAA to condone any attendance.

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This RTI is successful for me,.. after no reply for 30-40 days from concerned authority to which my rti app. Request was forwarded by collector office, then I had filed first appeal to Tehsil by post, then as soon as my appeal reached there, a person from Tehsil immediately sent me the all documents scan copy thru email, which I requested in rti Request.

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CONGRATULATIONS.  E mail copies are not pieces of evidence.  Insist for such certified copies by Post as they may serve your purpose.

Have you learnt enough by now the proper way to file Rti application and First Appeal.

All authorities may not be the same, and  you may have to fight till end against some PIOs.

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