Dated 13-07-2007
Name of the Complainant:
Shri Bimal Payeng,
Flat No. 308/H, Pragati Apartment
Lakhimipath, Beltola Tinali, Guwahati-28.
Name of the Public Authority:
G.M.D.A. Guwahati
The following were present:
1. Shri Preetom Saikia CEO, GMDA, Ghy.
2. Shri Ananta Bordoloi Secy, GMDA - Public Authorities
The complainant absent without intimation. Shri Preetom Saikia, CEO, GMDA along
with Shri Ananta Bordoloi, Secretary, GMDA present. The Commission heard the
case ex-parte.
Brief of the case
On 25.4.07 a petition was received by the Chief Information Commissioner
from Shri Bimal Payeng of Guwahati that he applied for some information regarding
Progati Apartment situated at Lakhimi Path, Beltola, Guwahati - 28 promoted
by Shri Ripun Bhuyan under the banner of R.B. Engineering & Company (India)
under RTI Act, 2005 on
18.1.07. The Deputy Commissioner (M) Kamrup transferred the application to SPIO
of GMDA and the application fee of Rs. 10/- was deposited by the petitioner
on 26.2.07. Then a reminder was sent to the SPIO on 28.3.07 but he had not received
any information.
The information sought for are as follows:
1. Whether the Pragoti Apartment situated at Lakhimipath, Beltola, Guwahati
28 was built / promoted with due adherence to alls Norms and Rules of the Guwahati
Municipal Corporation / Guwahati Metropolitan Development Authority.
2. It not what action is supposed to be taken to correct the construction or
to demolish the building part thereof / full.
3. If any part of the building is damaged due to non-fulfillment of the norms
/ Acts of the Corporation whether the lost / damage is borne by the flats owner
or the promoter.
4. The above apartment appears to be built without following the plan and estimate
submitted to the GMC / GMDA. Is there any provision to make it checked
properly by technical expert?
Submission of the parties
The CEO, GMDA, Guwahati stated that information was ready on 9.5.07. But the
petitioner was however, not informed in writing on the misconception that the
petitioner would collect the same from the office of the GMDA as in the letter
of the Addl. Deputy Commissioner, Kamrup (M) he was instructed to collect the
same from the office of the GMDA. As such the information was lying unsent till
joining of the new CEO, Shri Saikia. The CEO, GMDA sent the same by registered
post and by peon as well.
The SPIO stated that he was also newly posted to GMDA only in May, 2007 but
could get a room in the last week of May, 2007. However, the information was
sent to the petitioner by registered post / peon. The CEO, GMDA clarified that
the permission for the said apartment was not issued by GMDA and the petitioner
was informed accordingly. The petitioner was given the information free of cost
as it was delayed. He sought apology for the delay caused by his office although
he stated that he joined only recently and immediately after his joining he
sent the information on 9.5.07.
Observation by the Commission
The Commission observed that in case the petitioner files the first appeal against
the information received, the CEO, GMDA should hear the same. If the building
was constructed without permission or with permission from GMC by violating
the norms and rules, the CEO, GMDA may have to take recourse to legal action
if it is authorized by law to do so.
Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the
case decided not to impose penalty on the SPIO of the office of the GMDA for
the delay in furnishing information as he joined only recently. The Commission,
however, directed the CEO, GMDA to streamline the system of receipt and disposal
of RTI applications making it easier for the citizens to make submission of
their applications under the RTI Act.
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.
CC:
1. Shri Preetam Saikia, GEO, GMDA, Guwahati
2. Shri Ananta Bordoloi, Secretary, GMDA, Guwahati.
3. Shri Bimal Payeng, Flat No 208/4, Pragati Apartment, Lakhimipath, Beltola
Tinali, Guwahati - 28
4. Director, Information & Public Relations, Assam, Dispur, Guwahati.
5. MD, AMTRON, Bamunimaidan
6. Office file.
Secretary
State Information Commission, Assam