PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. 75/2007

Dated 01-08-2007

Name of the Complainant:
Sri Bakul Chandra Nath
Pamruchi Apartment
Flat No. 202/A Takka Panvel, New Mumbai, Maharastra.

Name of the Public Authority /SPIO
Guwahati Municipal Corporation

The following were present:
1. Shri Rajesh Prasad, Commissioner, GMC
2. Sri Parag Mahanta, Collector, GMC
3. Sri D. Bezbaruah Associate Planner, GMC: Public Authorities
4. Shri Ratan Debnath, Representative of the Complainant

Shri Ratan Debnath representative of the complainant present. Shri Rajesh Prasad, Commissioner, GMC, Shri Parag Mahanta, Collector, GMC along with Shri D Bezbaruah, Associate Planner, GMC present.

Brief of the case
On 17.07.07, a complaint under Section 18 of the RTI Act, 2005 was received by the Commission from Shri Bakul Chandra Nath of New Mumbai in which he alleged that even after the receipt of his application for information under the RTI Act, 2005, the Commissioner, GMC, Guwahati did not furnish any information even after the completion of 30 days. The information sought for by the complainant were as follows:

1. Cause of not taking action on his application dated 7.9.2004 to GMC receipt no. 241356 book no. 2420.

2. Cause of not taking action on his application dated 9.8.Q6 which was forwarded to GMC by Secretary, Govt. of Assam, Urban Development Department on 22.9.06.

3. Cause of not taking action on the letter GDD.34/06/Pt.I/22 dated 9.11.06 and GDD.34/06/Pt.I/31 dated 11.01.07.

4. No. of flat/flats increased in each floor by extending floor area on cantilever and abolishing duct area and measurement of cantilever floor area in each flat.

5. Name and designation of officer from GMC, inspected the construction of the above mentioned apartment from 16.5.01 to till date.

6. A copy of approval of extension of floor area on cantilever projection.

7. A copy of approval of total change of deign of apartment from approval No. GPI/26/512001120/209 dated 16.05.01.

8. Location of the flat No. 101 (one hundred one) in the Apartment according to approved plan from GMC approval No. GPI/26/5/2001l20/209 dated 16.05.01

9. Name of the two flat total 1500 sq.ft area on the 1st floor allotted to landlord on 1st floor as per deed no. 1605/01 dated 15.09.01.

10. A copy of permission of construction of clubroom (about 450 sq.ft) by the builder on ground floor.

11. If there was any other sanction obtained to construct UP. apartment at Harbala Path on Dag No 1647, Patta No 1155, Dag No. 1784, Patta No. 170, other than sanction order No. GPV26/5/200l/20/209 dated 16.05.01

12. Information of septic tank occupying GMC Nallah (Drain)

13. A copy of NOC issued from fire service section of Guwahati for the H.P. Apartment, Harabala road, Ulubari, Guwahati.

Hence this case.

Submission of the parties
Shri Ratan Debnath representing the complainant reiterated that Shri Nath did not receive the information as sought for by him in reply to his petition from the Commissioner, GMC. The SPIO of the GMC informed the Commission that the transferred petition was not received in their office and only the notice of the Commission directing the Commissioner, GMC to appear before the COnimission today was received on 26.7.07 and on that date only, he saw the petition. The Commissioner, GMC submitted that there was no question of not attending the hearing of the Commission and after he received the notice of hearing on 26.7.07 he started searching for the records and collected the information available in his office and point wise reply was prepared. His office however, could not locate some papers namely the application dated 7.9.04 which was received by his office and docketed. As such, his office could not take any action on the application of Shri Nath dated 7.9.04. However, he wanted to hand over a copy of the point wise reply today to the representative of the complainant in presence of the Commission, if the Commission so desired. He informed the Commission that a case was pending before the Hon'ble Gauhati High Court and the referred buildings also were included in that case.

Observation of the Commission
The Commission observed that the complainant could send a copy of his letter dated 7.9.04 to the Commissioner GMC for taking appropriate steps as per law.

The Commission, however, accepted the contention of the Commissioner, GMC that the delay in furnishing the information was because they did not receive the petition of Soo Nath earlier.

Decision of the Commission
The Commission, on careful consideration of the facts and circumstances of the case directed the SPIO of GMC office to hand over the information to the representative of the complainant. The Commission also directed the SPIO of GMC to send the information by email to the complainant with a forwarding letter in which it should be mentioned that his application dated 7.9.04 was not traceable in the office of the GMC and if he so desired, he might send a copy to the Commissioner, GMC, Guwahati for necessary action. The SPIO might also like to mention about the case pending before the Hon'ble High Court if at all the buildings referred to in the petition of Shri Nath are the subject matter of the court case.

The Commission further required the Commissioner, GMC under section 19(8)(a) of RTI Act, 2005 to put up notice board in prominent places in ITont of his office in which the names of the SPIO / ASPIO (if any), their phone Nos. the name and designation of the 1st Appellate Authority with Phone No. be displayed. The name and telephone no. of the official who could receive the RTI applications in the absence of the SPIO and mode of payment of application fees, charges for information play also be displayed.

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.79/2007/22 dated August 01, 2007

CC:
1. The Commissioner, GMC, Guwahati
2. Shri Parag Mahanta, Collector, GMC, Guwahati.
3. Sri D. Bezbaruah, Associate Planner, GMC, Guwahati.
4. Sri Bakul ch. Nath, Pamruchi Apartment, Flat No 202/ A, Takka Panvel, New Mumbai Maharashtra - 410206.
5. The DIPR, Dispur, Guwahati.
6. MD, AMTRON, Bamunimaidan
7. Office file.

Secretary
State Information Commission, Assam