Dated 23-11-2007
Name of the Complainant:
Shri Chittaranjan Chakraborty AFS (Retd)
12, Sreenagar Bye Lane -1, P.O. Dispur, Guwahati - 781005 Commissioner GMC
Name of the Public Authority/ SPIO:
Commissioner GMC.
The following was present:
1. Shri M.P. Sharma i/c Commissioner i/c, G.M.C
2. Shri Parag Mahanta PIO, GMC
3. Shri Chittarjan Chakraborty
Brief of the case
On 5.9.07 a petition addressed to the Commissioner, GMC with a copy to this Commission was received
from Shri Chittaranjan Chakraborty of Dispur, in which he requested the Commissioner, GMC for a copy
of plan & estimate and penllission allowed by the Guwahati Municipal Corporation to Shri Bijan
Bhattacharjee and Mrs Bithi Bhattacharjee for construction of house No. 11 in bye-lane No.1 Sreenagar
as he suspected that the construction was illegal. He enclosed his earlier letters to the
Commissioner with this petition. The petition was transferred to the Commissioner, GMC on 17.9.07
by the Secretary of the Assam Infonnation Commission.
On 10.10.07 again Shri Chakraborty submitted a petition to this Commission stating that he did not
get the required infonnation from the Commissioner, GMC and hence he prayed for taking appropriate
action. On receipt of this complaint the Commission decided to make an inquiry and issued notice to
the Commissioner, GMC under section 18 (2) of the RTI Act, 2005.
Submission of the parties
The petitioner reiterated his statements made in the written submissions to this Commission vide his
letter dated 5.9.07 and letter dated 10.10.07. He submitted that Sri Bijan Bhattacharjee, retired DSP of
BIEO and Mrs. Bithi Bhattacharjee, employee of DTO office, Guwahati had constructed house No 11 bye
lane No. 1 at Sreenagar illegally. He wanted a copy of the plan & estimate and permission allowed by
the GMC to them vide his application dated 5.9.07 addressed to the Commissioner, GMC, Guwahati and a
copy of the name was submitted to the Commission, also.
He submitted that he approached the Guwahati Municipal Corporation authorities to remove the illegal
construction of bathroom / latrine by his neighbour Mr. Bhattacharjee and Mrs Bhattacharjee as it was
detrimental to his health and well being. The field officials of Guwahati Municipal Corporation visited
his place on 13.06.07 and assured that action would be taken against the illegal construction within a
week but no action had yet been taken up by the GMC authorities. He submitted that as per norms of the
Guwahati Municipal Corporation minimum 5 feet are to be left out from the boundary wall. But the entire
construction of the house are within 3 feet from the boundary wall, duel to which he as a neighbour had
been facing difficulties. He further stated that the wall with netting in between house no.ll of Mr. &
Mrs. Bhattacharjee and his house no 12 was constructed by him and his above mentioned neighbour had been
creating various inconveniences and troubles for a long time by constructing a long tin-shed for keeping
vehicles, water pipeline fixed in his wall and thus damaging the wall. He also planted trees the
bra11ches of which crossed the wall over the netting to his house. Water from the overhead syntax which
was placed just near the wall also spilled over his compound and sometimes entered his pujaghar. Faul
smell also emanated from the bathroom/latrine. They again constructed another bathroom/sanitary latrine
just by the side of his wall which was completed very fast. He thought that this bath room and sanitary
latrine was constructed violating municipal norms ana building by laws. So he sought for a copy of the
plan & estimate and a copy of the permission issued by the Guwahati Municipal Corporation to Shri Bijon
Bhattacharjee and Mrs. Bithi Bhattacharjee. But till date the Guwahati Municipal authorities did not
furnish him any copy of the said plan & estimate and the permission of house No. 11.
The Joint Commissioner, GMC informed that a reply was given to him to the effect that the GMC Authorities
inspected the site and found that the W/C bath construction is new and the Assam house no.ll was very old.
They served notices to Sri Bijon Bhattachmjee and Mrs. Bithi Bhattacharjee to submit a copy of the
building permission and of the plan & estimates of two houses. As soon as they received it, the same
would be given to the complainant. The Joint Commissioner G.M.C. informed that they were not certain if
the GMC or GMDA issued the permission. He further informed that the GMC issued notice to them on 8.11.07
asking them to furnish a copy of the building permission, building plan and estimate but they refused to
receive the notice and the GMC hung the notice in their building. Then the GMC authorities issued a
direction on 22.11.07 in the form of a notice asking Shri Bijon Bhattacharjee and Mrs. BithiBhattacharjee
to discontinue the works of erection or rcerection of the building of Assam Type w/c bath at their own
cost and show cause within 7 days as to why unauthorized construction I deviations should not be
demolished.
The SPIO of the GMC informed that the application of Shri Chakraborty was received by the Commissioner,
GMC on 7.9.07 and the SPIO received the same on 11.9.07. He then requested the Associate Planner of GMC
to furnish the information relating to the quarry made by Shri Chakraborty vide his letter dated 14.10.07
and issued reminder on 23.10.07. On 22.10.07 the Associate Planner who sits in another building sent the
information to him. On receipt of the information he prepared a reply to the complainant and issued it
on 1.11.07 asking him to deposit Rs. 4/- to him within 5 days of the receipt of this letter. However,
the information was sent to the complainant who received it on 3.11.07.
The Joint Commissioner, GMC informed that the GMC rules regarding minimum distance to be left from the
boundary of one resident from another was now 5 feet while during the period from 1985 onward it was 3
feet. Moreover some buildings in Dispur area were constructed without applying permission from the GMC
and hence the GMC did not have any records in such cases. Also the Gauhati High Court had issued an order
to the GMC to submit report periodically about the illegal construction in the Guwahati city and hence
everyday the GMC officials were to remain busy with verification of the illegal copstruction which had
taken place in the city. The delay occurred in furnishing the information to the complainant was not
deliberate. Both the Joint Commissioner, GMC and the SPIO, GMC prayed that delay be condoned.
The SPIO clarified that the entire process against Mr & Mrs. Bhattacharjee in the matter of alleged
illegal construction would be completed within the stipulated time and the GMC had given notice to them
to show cause as to why the unauthorized construction should not be demolished. The period of notice
would be over by 27.11.07 after which action as per section 337(3) ofGMC Act 1969 to demolish the
unauthorized construction would be taken.
Observation of the Commission:
The Commission observed that there was a clear delay of 24 days in responding to the complainant as the
Commission accepted 7.9.07 i.e. the date on which the Commissioner, GMC received the petition of the
complainant and the reply was furnished only on 1.11.07. However, the Commission found that in the
meantime the GMC authority had taken steps to issue notice to the owner of the house no.ll to furnish
copy of the building permission as well ,as the plan and estimate of the building. On not getting
response form the owner of house no 11 the GMC had rightly issued notice to the owner pf house no. 11
Mr. & Mrs. Bhattacharjee to show cause as to why the W/C Bath which was allegedly illegal construction
should not be demolished. Hence the Commission found that the delay occurred was not unjustitled and the
Commission decided to condone the delay as prayed by the Joint Commissioner and the SPIO of GMC.
However, the Commission found that the exhaust pipe of the safety tank of W/C bath constructed by the
owner of house no. 11 was highly inconvenient to the complainant as the pipe was reportedly constructed
pointing towards the house of the complainant. The Commission desired that this aspect should also be
looked into by the GMC authorities while verifying the matter on the ground and if such nuisances were
caused by the owner of the house no. 11 the GMC authorities should take action as per GMC Act.
Decision of the Commission:
The Commission on careful consideration of the facts and circumstances of the case decided to direct the
Commissioner, GMC under section 19 (8)(c) of the RTI Act, 2005 to inform the complainant the action
taken on his petitions under GMC Act and Rules as found appropriate and in consequence with the
submission made during this hearing and also the observations made by the Commission by 11.12.07 and
report compliance.
The Secretary of the Commission will place this file before the State Chief Information Commissioner on
12.12.07 for final orders
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
(Jaiuddin Ahmed)
Secretary, State Information Commission, Assam
Janata Bhawan, Dispur.
Memo No: SIC/KP(M)43/2007/47 Dated November 23, 2007
CC:
1. The Commissioner, GMC, Guwahati.
2. The SPIO ofthe office of the GMC, Guwahati.
3. Chittaranjan Chakraborty, 12, Sreenagar, Bye Lane 1,P.O. Dispur,Guwahati.
4. The DIPR, Dispur, Guwahati.
5. MD, AMTRON, Bamunimaidan.
6. Office file.
Secretary, State Information Commission,
Assam, Janata Bhawan Dispur