Dated 19-11-2007

Name of the Complainant:
Shri Dhirendra Malla Buzarbarua
Sailendra Bhawan, Nalbari Satra P.O. Chowk Bazar, Dist - Nalbari

Name of the Public Authority/ SPIO:
Nalbari Development Authority

The following was present:
1. Shri A. Goswami, Dir. T & CP
2. Shri P. Bora, Member Secretary NDA, Nalabri
3. Shri K. Mahanta, Asst. Dir, T & CP Dept & PIO
4. Shri J.N. Barman, Chairman, NDA
5. Shri A.K. Das, Asstt. Director
T & CP & Ex-Member Secy, NDA
6. Shri K. Nath, PIO, NDA
7. Shri Dhirendra Malla Buzarbarua

Brief of the case
On 24.9.07 a petition was received from Shri Dhirendra Malla Buzarbarua of Nalbari In which he stated that on 12.3.07 he approached the Member Secretary of Nalbari Development Authority (NDA) for furnishing him a copy of the No Objection Certificate if issued to Smti Sarala Buzarbarua for constructing a house in Khatabari Bidyapur area of Nalbari town (ward no. 3) on the land covered by the dag no. 367. Earlier he approached the Chairman, NDA, Nalbari on 24.1.07 to stop construction of a house by his younger brother Shri Ramendra Malla Buzarbarua on the said land as he was a co-pattadar and the Chairman directed the Junior Engineer of NDA to stop the construction immediately.

On not getting the required information from the NDA he wrote to the Director, Town and Country Planning, Government of Assam on 27.4.07 requesting him to direct the Member-Secretary cum SPIO of NDA to furnish him a copy of the NOC issued to Smti Sarala Buzarbarua. He also wrote to the SPIO of the Urban Development Department,Government of Assam on 30.4.07 to the same effect. Then the Director, Town & Country Planning directed the Chairman, NDA vide his letter dated 5.5.07 to furnish him the information. The Under Secretary of the Urban Development Department also wrote to the Member- Secretary of NDA to the same effect. Then on 30.5.07, he received a forwarding letter dated 22.3.07 with a copy of the NOC dated 28.12.06 from the Chairman, NDA.

The complainant stated in his application that on receipt of the letter dated 22.3.07 he found that the NOC was issued on 28.12.06 and the issue no was 339-A. Then he wanted to inspect the records 1 documents including file Nos. NDA/BLDG/931/06 and NDA/EST/8/07/40 along with issue and receipt registers and wrote to the Chairman, NDA. He also wanted copy of the bye-laws of the NDA and copy of the Final Master Plan and Zoning Regulation of Nalbari and applied for the same to the Chairman, NDA, Nalbari.

He also complained to the Deputy Commissioner, Nalbari saying that the Chairman, NDA did not receive the application. The DC, Nalbari directed the Chairman, NDA to furnish him information as well as to allow him to inspect the records. Then on 29.6.07 he got a letter from Shri K. Nath , SPIO of NDA asking him to deposit Rs. 314/- informing him that photocopies of the note sheets of the files could not be issued as per clause 2 (f) of the RTI Act, 2005. Then he received copies of the issue and receipt registers and copy of Uniform Zoning Regulation, 2000 and Master Plan of Nalbari. He was informed by the SPIO that NDA had not prepared Building Bye Laws and was following the Uniform Zoning Regulation 2000 and Master Plan for Nalbari for issuing building permission. He was further informed that no permission was issued in the name of Shri Ramendra MalIa Buzarbarua. Then on 26.7.07 he wanted to know whether there was any Government order or circular or any notification for giving permission On the basis of Uniform Zoning Regulation and if so he wanted copy of the said documents. Then he approached the Commission with this complaint.

The Commission sent the petition of the complainant dated 24.9.07 to the Director, Municipal Administration, Assam for consideration as the first appeal under section 19(i) of the RTI Act 2005. The Director, Municipal Administration, Assam reported that the matter was not dealt by him but by the Director, Town & Country Planning. Hence the Commission decided to take up this petition as complaint case and issued notices to the Director, Town & Country Planning as well as Chairman, NDA and the SPIO of their offices.

Submission of the parties
The complainant reiterated the statement made in his petition dated 24.9.07 and stated that although he received a copy of the NOC for building a house, as well as the copies of the note-sheets of the two files as well as the Zoning Regulations and the entries in the issue register, he received them late. More importantly he suspected that the NOC was issued back-dated as the issue number of the NOC was marked as 339 A whereas in all other cases only digits like 337, 225 etc, were given. The copies of the note sheets were refused to be given by the SPIO but later it was furnished on the instruction of the D.C. Nalbari. He stated that he also approached the Director, T & CP Assam for supplying him the Building ByeLaws of NDA and other towns when the Director furnished him the bye-laws of Tezpur Development Authority. He stated that his main complaint was that the SPIO and the Chairman, NDA violated the provisions of the RTI Act, 2005 by giving him false and fabricated documents and had misled him. Hence they should be punished under section 20 of the Act.

The Chairman, NDA stated that NOC issued was a genuine document. As his office was not adequately acquainted with the provisions of the RTI Act, 2005, there was a delay in furnishing him a copy of the NOC. He, however, expressed regret that there was a misunderstanding in his office regarding the note-sheets but once the doubt was cleared by the D.C. Nalbari as well as by the Director, T & CP, the complainant was furnished with copies of the note sheets. He even facilitated the complainant to inspect the files and on his application, the copies of the documents available in his office were furnished. This showed that he did not want to suppress any information.

The Director, T &CP stated that she furnished copy of the Tezpur bye-laws on his application. She clarified that there was no bye-laws for NDA and the Uniform Zoning Regulation was the basis on which building permission was issued by the Development Authority.

Observation of the Commission:
The Commission ascertained from the Director, Town & Country Planning, Assam as well as the Chairman, NDA, Nalbari as to whether 1st Appellate Authority was notified when the Chairman, NDA confirmed that the Chairman of NDA was notified as the 1st Appellate Authority. The Commission desired that the Director, Town & Country Planning, Assam should issue necessary instructions to all the Development Authorities under their control to notify one officer each as SPIO and the Chairman of Development Authority as 1st Appellate Authority under section 19 (i) of RTI Act, 2005, if not done so far. The Commission found that there was a delay in furnishing the complainant a copy of the NOC but the NDA had taken steps to allow him to inspect the relevant files and documents as well as had given him the copies. The delay caused was due to the fact that this was the first application under the RTI Act, 2005 before the NDA and the Chairman as well as the SPIO were not fully aware of the provisions of the Act. The Commission was satisfied that there was no intentional delay on their part and allowing the complainant to inspect all the documents requested by him was the indicator that there was no malafide in the delay.

The main contention of the complainant was that the NOC issued to Smti Sarala Buzarbarua was back-dated and the issue-number was interpolated later. However, on perusal of the file No. NDA/BLDG/931106 the Commission found that the application of Smti Buzarbarua was dated 26.12.06 and the NOC was issued on 28.12.06 and all the papers in the document clearly showed that the NOC was issued on 28.12.06. The Commission was also satisfied with the explanation provided by the Member-Secretary / SPIO that the NOC was handed over to Smti Buzarbarua and that the issue number was given later.

The Commission found that no Bye-laws were framed for NDA and the Uniform Zoning Regulation, 2000 was the guiding principle for issue of the building permission. Hence there was no withholding of information from the complainant. The SPIO of NDA gave copies of the note-sheets also although he was under the wrong impression that note sheets should not be given. In case the complainant did not believe that the NOC was genuine and that it was back-dated, he might feel free to approach the appropriate forum for redressal of grievances. The Commission was of the opinion that no false and misleading information was given to the complainant and full transparency had been maintained throughout in furnishing the information to the complainant

Decision of the Commission:
The Commission on careful consideration of the facts and circumstances of the case came to the conclusion that the copies of the documents sought for by the complainant were furnished to him. The commission decided to accept the plea of the Chairman that the delay was not intentional or malafide. Hence the Commission found no cause to issue any further direction to the NDA.

In case the complainant doubted the authenticity of the documents, he might feel free to take appropriate recourse in a court of law.

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/NGN/14/2007 Dated November 19, 2007

CC:
1. Shri A. Goswami, Director, Town & Country Planning.
2. Shri P. Bora, Member Secretary, Nalbari Development Authority, Nalbari.
3. Shri K. Mahanta, Assistant Director, T&CP Dept & PIa.
4. Shri IN. Barman, Chairman, Nalbari Development Authority, Nalbari
5. Shri A.K. Das, Asstt. Director, T&CP & Ex-Member Secretary, NDA
6. Shri K. Nath, PIO, NDA, Nalbari
7. Shri Dhirendra Malla Buzarbaruah, Sailendra Bhawan, Nalbari Satra, P.O. Chowk Bzar, Nalbari
8. The DIPR, Dispur, Guwahati.
9. MD, AMTRON, Bamunimaidan.
10. Office file.


Secretary, State Information Commission,
Assam, Janata Bhawan Dispur