PROCEEDINGS OF THE ASSAM INFORMATION COMMISSION

Case No. KP(R) 2/2007

Dated 20-12-2007

Name of the Appellant:
Sri Jayanta Thakuria
ViII. & P.O. Nagarbera
Dist. Kamrup, Assam

Name of the Public Authority:
D.C. Kamrup (Rural).

The following were present:
1. Shri S.K.Das
Addl. D.C Kamrup (R), Public Authorities
2. Shri Jayanta Thakuria, Complainant.

The appellant present. The Deputy Commissioner, Kamrup (R) was exempted from appearing by the State Chief Information Commissioner as he was busy with law and order matters. The SPIO was present.

Brief of the case
On 24.10.07 a petition dated 12.10.07 was received by the Commission from Sh1'i Jayanta Thakuria of Nagarbera in which he stated that he applied for some information relating to a plot of land under his occupation vide his petition dated 7.8.07 before the SPIO of the D.C Kamrup (R) office. He got some information from the SPIO but was not satisfied with it and hence preferred an appeal before the Deputy Commissioner, Kamrup (R) on 12.9.07. The Deputy Commissioner, Kamrup (R) as the First Appellate Authority informed him vide his letter dated 25.9.07 that as in his appeal petition he sought for opinion only it was not covered under any provision of the RTI Act, 2005. However, the Deputy Commissioner, Kamrup (R) enclosed a list of persons who were recommended for allotment/ settlement of land by the Land Advisory Committee, Guwahati Sub-Division.

The petitioner was not satisfied with the decision and the reply of the First Appellate Authority and approached the Commission with the petition dated 12.10.07. The Commission treated this petition as the second appeal under section 19(3) of the RTI Act 2005 and issued notice to the Deputy Commissioner, Kamrup (R) to appear before the Commission on 20.12.2007 with all the details/ records concerning the appeal.

In his original petition before the SPIO, the petitioner wanted a list of persons who were recommended for allotment / settlement of land by the Land Advisory Committee, Guwahati Sub-Division. He also wanted to know why the proposed allotment of land to him in Dag No. 661 in Nagarbera village which was approved by the Land Advisory Committee, Guwahati Sub-Division on 12.8.04 was cancelled by the L.A.C. of Guwahati Subdivision on 18.12.04.

In his appeal before the Deputy Commissioner, Kamrup (R) he sought for the following information.

  1. A list of the proposed allottees/ proposed settlement holders of land for the last 4 years in Nagarbera Revenue Circle which was furnished to him by the SPIO was not complete and hence he wanted the correct and complete list of such proposed allottees/ proposed settlement holders for last 4 years.
  2. He wanted to know the reason for cancellation of the approval of the allotment of land to him passed by the Land Advisory Committee, Guwahati Sub-Division meeting on 12.8.04 in the meeting of the Land Advisory Committee, Guwahati held on 18.12.04 and wanted copy of the proceeding of the 18.12.04 meeting.
  3. He also wanted to know whether there was any provision for cancellation of the allotment/ settlement of lands to many government officials & rich persons whose lands were acquired under the Land Ceiling Act.
  4. He also specifically wanted to know whether the wife of the then Minister/ the then MLA Shri Gopinath Das and his minor son were allotted Government land and what were the basis for allotment of government land to these two persons.
  5. He also wanted to know as to what were the criteria for allotment / settlement of government land to persons.
  6. He wanted the list of proposed allottees / proposed settlement holders of land in Nagarbera Revenue Circle with the names of their fathers / husbands for last 4 years.
    Hence this appeal case.
Submission of the parties:
The appellant stated that on 27.6.03 he applied for allotment of land measuring 5 bighas of land under his occupation to the Deputy Commissioner, Kamrup (R). He stated that the allotment of 5 bighas of land in Dag No. 661 of Nagarbera village was approved by the Land Advisory Committee, Guwahati Subdivision on 12.8.04. However on 18.12.04 the Land Advisory Committee, Guwahati Subdivision cancelled the said approval. He stated that the decision of the Land Advisory Committee of Guwahati Subdivision was political in nature. He expressed his anguish that the land was not allotted to him being an unemployed youth who set up orchard, fishery etc after the land was possessed by his father for the last thirty years while the names of the wife (government employee) of Shri Gopinath Das, ExMinister & Ex-MLA and his minor son were proposed for allotment of lands.

He produced a copy of the note sheet of file No KRS 22/2003 in which it was clearly stated by the Additional Deputy Commissioner (Revenue) in his note that the Land Advisory Committee of.Guwahati Subdivision recommended the proposal for allotment of 5 bighas of land in Nagarbera Revenue Circle in his favour but was subsequently rejected by the SDLA meeting held on 18.12.04 as advised by the local MLA, Boko Shri Gopinath Das.

The SPIO of the Deputy Commissioner, Kamrup (R) who was present on behalf of the First Appellate Authority and as SPIO submitted that the Deputy Commissioner, Kamrup (R) could not be present in the hearing as he was busy in law and order duties. He stated that he furnished the information as sought for by the appellant vide his petition dated 7.8.07 point wise on 17.8.07. However, the Deputy Commissioner, Kamrup (R) as the First Appellate Authority decided the appeal on 25.9.07 and communicated to the appellant on 25.9.07 that he could not give any information relating to the para 3 of his first appeal petition dated 12.9.07 about the causes for cancellation of proposed allotment of 5 bighas of land by the Land Advisory Commission on 18.12.04 inspite of the approval of the same by the Land Advisory Committee oil 12.8.04 as it was simply an opinion sought for and not information. He however sent the list of proposed allottees / proposed settlement holders in the last 4 years as sought for by the appellant in the first appeal petition along with the letter dated 25.9.07 disposing the first appeal.

Observation of the Commission
The Commission perused the first appeal petition dated 12.9.07 which was submitted to the First Appellate Authority i.e. the Deputy Commissioner, Kamrup (R) by the appellant. It was found that in para 2 of the appeal petition that the appellant wanted the correct and complete list of recommended allottees / recommended settlement holders a,s approved by the Land Advisory Committee, Guwahati Subdivision which was sent by the First Appellant Authority to the appellant along with the letter dated 25.9.07.

In para 3 of his appeal petition the appellant wanted to know specifically on what ground the Land Advisory Committee rejected the proposed allotment of land passed by it in the earlier meeting on 12.8.04 and he wanted a copy of the proceeding of 18.12.04.

The Commission found it unacceptable to term it as seeking an opinion and not an information. The appellant wanted to know the ground on which the earlier approval of settlement of land in his favour was cancelled and this is an information and not opinion. He also wanted a copy of the proceeding of the Land Advisory Committee dated 18.12.04.

In para 4 the appellant wanted to know from the Deputy Commissioner (R) as to whether there were ways and means for cancellation of allotment of ineligible persons like government employees and the persons whose lands were acquired under the Land Ceiling Act. This also cannot be termed as opinion.

The appellant further wanted to know from the Deputy Commissioner, Kamrup (R) on what criteria the government lands are settled / allotted to the wife (government employee) of Shri Gopinath Das and also to his minor son. This also cannot be telmed as an opinion under the RTI Act. As such the Commission was of the view that the Deputy Commissioner, Kamrup (R) erred in law. He had conveniently termed "information" as opinion seemingly not to furnish information to the appellant.

Decision of the Commission
On careful consideration of the facts and circumstances of the case the Commission decided to allow the appeal and directed both the First Appellate Authority i.e. the Deputy Commissioner Karnrup (R) and the SPIO of the office of DC Kamrup (R) to:
  1. furnish a copy of the proceeding of the meeting dated 18.12.04 to the appellant.
  2. furnish the appellant the grounds / criteria on the basis of which the wife and the son of Sri Gopinath Das , Ex-Minister / Ex-MLA were allotted the lands.
  3. the criteria on which the Government lands are allotted to or settled with the persons.
  4. the Deputy Commissioner, Kamrup (R) and the SPIO are directed to comply with these directions within 15 days of the receipt of this order and send the compliance report to the Commission.
  5. the Secretary of the Commission should place the file before the State Chief Information Commissioner on 5.1.07 for final order.

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/KP(R)2/2007 Dated December 20, 2007

CC:
1. The Deputy Commissioner, Kamrup (R), Guwahati.
2. The SPIO of the office of the Deputy Commissioner, Kamrup (R), Guwahati 4.
3. Sri Jayanta Thakuria Village & P.O. Nagarbera, Dist. Kamrup Assam.
4. The Director, Information & Public Relations, Dispur.
5. MD, AMTRON, Bamunimaidan.
6. Office file.

Secretary
State Information Commission, Assam