Dated 18-07-2007
Name of the Complainant:
Shri Dhiren Ch. Sharma
S/o. Late Purna Ch. Sharma, 55, Gangotri
Ulubari, Kachari Basti, Guwahati - 7
Name of the Public Authority:
D.C. Morigaon
The following were present:
1. Shri A.K. Phukan DC. Morigaon
2. Shri Abani Kr. Nath ADC, Morigaon & SPIO - Public Authorities.
The Complainant absent. He intimated the Commission the he had withdrawn the
compliant as the Deputy Commissioner, Morigaon had since furnished the information
sought for by him. Shri A.K. Phukan, DC, Morigaon along with Shri Abani Kr Nath,
ADC Morigaon & SPIO of the DC office present.
Brief of the case
On 14.3.07 a petition was received from Shri Dhiren Ch. Sharma of Guwahati
under the Right to Information Act, 2005 by the Commission which was duly transferred
to the DC, Morigaon on 20.3.07 under section 6 (3) of the RTI Act, 2005. Again
on 16.5.07 a letter was received from the complainant that he did not receive
information although more than 30 days had elapsed from the date of his application
since the DC, Morigaon had received the transferred petition from the Commission.
The information sought for by him related to the land acquisition case No 21
of 1986 in Morigaon district and Shri Sharma wanted to know the latest position
about the land acquisition case regarding payment of compensation for the land
acquired by the Forest Department Government of Assam for Horn Bill Park measuring
9 bigha 6 lessas in PP No.3 and 6, Dag no. 83,87 and 88 under the village Hatkhola
of Uttarkhola Mouza.
Shri Sharma stated in his application that an amount of Rs. 3,06,399/- was received
by him on 9.1.04, but the remaining amount of Rs. 90,282/- as interest for one
year had not yet been paid to him. In spite of several letters received by the
DC Morigaon and in spite of the direction of the Joint Secretary to the Government
of Assam, Revenue Department to the DC, Morigaon on 15.6.06 to let the Government
know the present position of the case and also apprise the Government if any
genuine difficulty had been faced by the DC, Morigaon in dispensing a long pending
issue. He stated in his application that the interest was to be paid as per
orders of the District Judge, Morigaon dated 22.1.2001. Hence this case.
Submission of the DC Morigaon
The DC, Morigaon stated that his predecessor Md. S. Hussain on receipt of the
transferred petition of Shri Sharma sent by the Commission vide letter dated
20.3.07, instead of marking the papers to the SPIO of his office sent it to
the ADC, Morigaon, Revenue as it related to the Revenue matters. The SPIO also
confirmed that he did not receive the application transferred by the Commission
to the DC, Morigaon. The DC, Morigaon however informed that a reply was sent
by his predecessor Md. Hussain vide letter dated 15.6.07 in which the Additional
Deputy Commissioner, Revenue stated that the delay in submitting report was
due to their preoccupation with devastating flood in 2004, Parliamentary Election
in 2004, General Election in 2006, Law & Order matters, acquisition of land
for 4 laning NH 37 from 2005 etc and there was no intentional negligence and
the delay may be condoned.
The ADC also sent a copy of the letter written to the Principal Chief Conservator
of Forest, Assam to the complainant in which he assessed the amount of compensation
pending be paid to Shri Sharma as Rs. 90,260/- only. Thereafter the present
DC, Shri Phukan took up the issue with the Secretary to the Government of Assam,
Revenue Department vide his letter dated 12.7.07 with a copy to the petitioner in which he
requested the Government to make payment of the amount at an early date to Shri Sharma.
Shri Phukan also wrote a letter to Shri Sharma conveying his deep regret for
the delay and assured him to write to the Government for early payment of the
compensation amount. The DC, Morigaon admitted that the delay was unintentional
and there was no malafide intention to delay the matter on the part of his predecessor
and his office. He requested the Commission to condone the delay.
Observation of the Commission
The Commission expressed its satisfaction on the conduct of the present DC in
taking up the matter with the Government for early payment of the compensation
for the land acquired from Sri Sharma a retired Law Secretary of Assam as well
as for his writing to Shri Sharma conveying his regret for the delay. The Commission
however desired that the DC Morigaon should pursue the matter with the Government,
Revenue Department for early payment of the compensation amount to Shri Sharma
as the matter had taken an unduly long time for disposal.
Decision of the Commission
The Commission on careful consideration of the facts and circumstances of the
case decided to close the case in view of the request of the complainant to
allow the withdrawal of the complaint and in view of the fact that the DC, Morigaon
as well as the ADC, Revenue had taken action for furnishing the information
and taking up with the Government for payment of the compensation amount to
Shri Sharma. The Commission decided to condone the delay in furnishing the information
the to complainant and accordingly the case is 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
(Jiauddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.
CC:
1. The Deputy Commissioner, Morigaon
2. The Additional Deputy Commissioner, Morigaon, Revenue.
3. Shri Dhiren Ch. Sharma, S/o. Late Puma Ch Sharma, 55, Gangotri, Ulubari,
Kachari Basti, Guwahati - 7.
4. MD, AMTRON, Bamunimaidan
5. Director, Information & Public Relations, Assam, Dispur, Guwahati.
6. Office file.
Secretary
State Information Commission, Assam