PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No : 130/2006
Dated 12th December 2006

Name of the Complainant:
Sri A.C. Goswami
Hony. Secy. Pragjyotish Primary Housing
Co-operative Society Ltd
Ananda Nagar, Bye-lane No.3
Bhangagarh, Guwahati-5


Name of the Public Authority:
Guwahati Municipal Corporation

The following were present:
Shri Parag Mahanta, PIO, GMC
Public Authority

Brief of the Case
The President / Secretary of Pragjyotis Apartment Primary Housing Cooperative Society Ltd, Guwahati submitted a petition on 10.11.2006 stating that they sought for information from the Commissioner, Guwahati Municipal Corporation under the Right to Information Act which was received by the Corporation on 12.07.2006 seeking information as stated below but they did not receive the information till that date. The information as sought for are as follows:

(a) Whether there is any permission granted to Pragjyotis Builders & Consultant Pvt. Ltd for constructing a Flat at the ground floor of Block "A" of Pragjyotis Apartments located at Anandanagar Byeland No. 3, G.S. Road, Guwahati by the Guwahati Municipal Corporation? If yes, copies to be provided.
(b) Whether there is any permission from Guwahati Municipal Corporation for occupation & use of the premises constructed at the ground floor of Block "A" by Pragjyotis Builders & Consultant Pvt. Ltd as their commercial office? If yes, copies to be provided.
(c) Whether Guwahati Municipal Corporation Building Bye-Laws can allow construction of rooms / flat at the ground floor for commercial use in a residential building affecting the parking place?
(d) Copies of approved building plan in respect of (a) above to be provided.
(e) Copies of approved building plan from GMC for construction of Pragjyotis Apartments & NOC are to be provided.

The Commission treated this petition as a complaint under section 18(2) of the RTI Act for initiating enquiry and accordingly notices were issued to the Commissioner, Guwahati Municipal Corporation and the PIO of his office to be present on 12.12.2006.

Shri Parag Mahanta, PIO of the Guwahati Municipal Corporation is present. The complainants are however not present. The Commission decides to hear the case ex-party.

Shri Parag Mahanta, PIO of the Guwahati Municipal Corporation informs the Commission that the information as sought for by the complainants has already been furnished to them. However there was unintentional delay as information was to be collected from another branch of the Corporation. The Commission makes it clear to the PIO that no such excuse for delay will be accepted in future and if such delays occur in future the Commission will have to consider imposing penalty on him.


Decision of the Commission
The Commission on perusal of the records produced by the PIO of the Guwahati Municipal Corporation finds that the information has already been furnished to the complainants. Hence the Commission decides to treat this case as closed.

Sd/- (R.S. Mooshahary)
Chief Information Commissioner, Assam
Janata Bhawan, Dispur.

Sd/- (Dr. B K Gohain)
State Information Commissioner, Assam
Janata Bhawan, Dispur.


Authenticated true copy

(L.C. Borah)
Under Secretary
State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No SIC. 140/2006, dated December 12, 2006

CC:
1. The Public Information Officer, Guwahati Municipal Corporation, Guwahati
2. The Commissioner, Guwahati Municipal Corporation, Guwahati
3. Shri A.C. Goswami, Hony Secy, Pragjyotis Primary Housing Cooperative Society Ltd., Ananda Nagar, Bye-lane No. 3, Bhangagarh, Guwahati - 5.
4. MD, AMTRON, Bamunimaidan.
5. Office file.