PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION FULL COMMISSION

Case No.149/2007
Dated 03-07-2007

Name of the Complainant:
Sri Labjen Kemprai
Vill Topodisa, House No 108
BPO Sarkari Bagan, Haflong, Dist. N.C. Hills, Assam.

Name of the Public Authority/SPIO:
Principal Secy, N.C Hills Autonomous Council &
Secretary, IIC Land & Rev. N.C. Hills A.C.

The following were present:
1. Sri Labjen Kemprai (Complainant)
2. Shri K. Jeme. (Principal Secy (N), N.C. Hills Autonomous Council, Haflong)

The complainant present. The Principal Secretary (N) N.C. Hills Autonomous Council was also present.

Brief of the case
On 6.2.07 the complainant Sri Labjen Kamprai of village Topodisa submitted a petition to the Secretary, i/c Land Revenue, N.C. Hills Autonomous Council. Haflong under section 6 ofthe RTI Act 2005 asking him to provide some information relating to the compensation of the construction of National Highway within N.C. Hills district in details. When he did not receive any information within 30 days, he submitted a appeal on 12.3.07 before the Principal Secretary, N.C. Hills Autonomous Council. Haflong, who is the First Appellate Authority. On not getting the information from either the SPIO or the First Appellate Authority Sri Kamprai submitted a representation before the State Chief Information Commissioner for not furnishing information within the stipulated time. The information sought for by him are as follows:

"Compensation of the Construction of National Highway (Maha Sadak) within N.C. Hills district"

  1. Specific name of the Scheme / project.
  2. Total amount of fund earmarked and sanctioned by the Government and total amount of fund received by the N.C. Hills Autonomous
  3. Names and Designations of the officers and staff concerned of the Autonomous Council engaged area wise with specific amount of fund allotted and names & designations of the officers and supervisors engaged from National Highway (Maha Sadak) department in each area, from which point (village) to which point (village) for distribution of compensation fund
  4. Uptodate total names of beneficiaries along with father's name their permanent address and specific amount of compensation benefited to each area-wise.
  5. Balance amount of fund unutilized (or yet to be utilized) up-to-date available in the Council.
Hence this complaint case

Submission by the parties
The complainant submitted that he received some list relating to the compensation paid to the families whose lands were required for construction of National Highway in the district. But in the list the complete addresses of the persons getting the compensation and their fathers' name were not mentioned. Moreover all the villages under the Harangajao District Autonomous Council Constituency from Jatinga to Bandarkhal were not covered. The Principal Secretary (N) noted these deficiencies and assured the Commission to rectify these. He however submitted that the money to the remaining individuals had not been released by the National Highway Authorities.

Observation of the Commission
The Commission perused the information furnished to the complainant. It transpired that the complete addresses of the persons receiving compensation for acquisition of land for construction of National Highway in N.C. Hills were not furnished. Also fathers' names of these persons were not mentioned. The information was also incomplete.

Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the case decided to direct the Principal Secretary (N), N.C. Hills Autonomous Council to hear the complainant treating the appeal pending with him as the First Appeal under the RTI Act, 2005. After hearing the complaint he should furnish the information to the complainant within a month. The complainant on getting the information from the Principal Secretary, N.C. Hills Autonomous Council if not satisfied may feel free to submit a complaint before the Commission. A report of compliance shall be sent by the Principal Secretary, N.C. Hills Autonomous Council to the Commission within 6.8.07.

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

(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.

Memo No SIC. 166/2007/11 dated July 3, 2007

CC:
1. Shri K. Jeme, Principal Secretary (N), N.C. Hills Autonomous Council, Haflong.
2. The Secretary, I/C Land Revenue, N.C. Hills Autonomous Council, Haflong
3. Sri Labjen Kempria, Vill. Topodisa, House No. 108, BPO Sarkari Bagan, Haflong,
Dist. N.C. Hills, Assam, Pin- 788819.
4. The DIPR, Dispur, Guwahati.
5. MD, AMTRON, Bamunimaidan
6. Office file.


Secretary
State Information Commission, Assam