On 4.9.2006 Shri Girish Malla Bujarbarua, Secretary, Happyvilla Unnayan Samity, Guwahati submitted a petition addressed to the Chief Information Officer, State Information Commission, Assam on behalf of Happyvilla Unnayan Samity to the fact that they requested GMDA for certain information viz. drawings and permission copy of Gyan Ashram and Pooja Apartment but the GMDA intimated that they should apply in the prescribed format initially after depositing Rs. 10/- in the office.

The State Information Commission on receipt of this complaint of Sri Bujarbarua issued a notice under section 18 (2) of the RTI Act, 2005 to the Chief Executive Officer, GMDA, Guwahati to appear in person or in his absence to direct the Public Information Officer to appear before the Commission on 9.10.2006 at 11.30 AM with all details / records concerning to the complaint. Accordingly Shri A. N. B Singh, Public Information Officer, Guwahati Metropolitan Development Authority, Guwahati appeared.

Shri Singh, PIO, admitted that he should not have advised Sri Bujarbaura to apply in the prescribed format as there is no format prescribed by the RTI Act & Rules. In the meantime he had supplied information to Shri Bujarbaura in response to his application dated 9.6.2006, as follows:

1. The building permission of Gyan Ashram constructed by M/s. Upasana Builders was given by GMDA vide permission No. GMDA/BP/1859/2002 at B.R. Bora Road, Happy villa, Guwahati.

2. The Building permission of Pooja Apartment constructed by KNC Builders was given by GMDA vide permission No. GMDA/BP/1619/2003 at Nabagraha Road, Guwahati.

3. Occupancy certificate is not yet issued by GMDA for both apartments as Gyan Ashram is under construction and for Pooja Apartment the party has submitted completion certificate which is under examination of Authority.

4. The copy of the building bye-laws is a public document and is available at reception counter on payment of Rs. 60/- (Rupees Sixty) only.

Shri Singh, PIO, verbally submitted that as both the buildings namely Gyan Asharam and Pooja Apartment are involved in PIL Case No 12/06 filed by Happyvilla Unnayan Samity and is pending before the Hon’ble Gauhati High Court no documents can be supplied without the leave of the Hon’ble Gauhati High Court.

He also intimated that occupancy certificates for both the buildings have not been issued by the GMDA till date. When asked he intimated that documents regarding the building permission of Gyan Asharam and Pooja Apartment are with the GMDA and have not been filed before the Hon’ble Gauhati High Court and also there was no order of Hon’ble Gauhati High Court directing the GMDA not to give copies of the said permissions.

Decision of the Commission

The State Information Commission is of the opinion that the copies of the documents sought for by the complainant Sri Bujarbarua should be furnished to him as it relates to matters of public interest in the locality. Also the said information have not been expressly forbidden to be published in any court of law or tribunal which may constitute a contempt of court. As such the Commission directs that the copies of the documents sought for by the complainant be furnished to him by the GMDA immediately.