Dated 20-11-2007

Name of the Complainant:
Md. Farouk Alam
Dr. Nabiullah Road, Dist. Tinsukia, Assam

Name of the Public Authority/ SPIO:
D.C. Tinsukia.

The following was present:
1. Shri Ratul C. Duarah, ADC, Tinsukia & PIO
2. Shri K. Kachari CEO, Nagaon Zilla Parishad
3. Md. Farouk Alam.

The Deputy Commissioner, Tinsukia who is the 1st Appellate Authority sought exemption from personal appearance and to authorize the Additional Deputy Commissioner and the SPIO to represent him which was allowed by the Commission.

Brief of the case
A petition was received on 9.10.07 from Md. Farouk Alam of Tinsukia by the Commission in which he stated that he sought for certain information vide .his letter dated 17.4.07 from the SPIO of the DC's office, Tinsukia and was not satisfied with the information furnished to him vide letter dated 6.6.07. Then he preferred an appeal on 12.6.07 before. the Deputy Commissioner, Tinsukia as the first appellate authority under section 19 (1) of the RTI Act, 2005. The Deputy Commissioner, Tinsukia heard the appellant but did not allow the appeal. Hence the petitioner approached the Commission under Section 19 (3) of the Act. The information sought for by the petitioner were as follows:

1. Copies of all documents related to land sale permission issued vide No. TSK/LSP/259 dated 7.12.06.

2. Copies of all documents related to land sale permission issued vide no. TSK/LSP/261 dated 10/03/06.

3. Copies of all documents related to land sale permission issued vide no. TSLP/2/2004/PT-4/TSK/92 dated 1.7.04 (including prayer of Smti Saroj Devi Bahety and? or Md. Isa for extension of validity).

4. Copy of the decision taken against his complaint petition before the District Registrar in 2005 regarding registration of Sale Deeds by Shri D. Doley, Sf. Sub-Registrar, Tinsukia, relating to PP No. 30 of Makum Junction Town under Hapjan Mouza without any valid land sale permission from DC's office, Tinsukia.

5. (a) Copy of the order given by Shri P.K. Bora, ADC, Tinsukia to issue only the final order of the Circle Officer, Doomdooma, in all the mutation cases mentioned in the Sadar Jamabandi relating to PP No. 30 of Makum Junction Town under Hapjan Mouza, against my application for certified copies of all the orders passed by the Circle Officer, Doomdooma, in these mutation cases.

(b) Photocopy of all the orders passed by the Circle Officer, Doomdooma, in the mutation cases mentioned in the Sadar Jamabandi relating to PPNo. 30 of Makum Junction Town under Hapjan Mouza.

6. (a) Whether it is a fact that one Md. Isa, S/o. Late Md. Ibrahim of Tinsukia was allowed to sell off illegally, the joint properties in the name of the six legal heirs of late Haji Md. Safiullah of Tinsukia. More specifically, the land covered by PP. No. 21 of Bazaltoli Gaon under Rangagora Mouza, by the district administration of Tinsukia.
(b) Whether it is a fact that, one Md. Isa, son of late Md. Ibrahim of Tinsukia has sold off much more share ofland in PP. No. 21 of Bazaltoli Gaon under Rnagagara Mouza than to what he is eligible for?
(c) Whether mutations have been allowed in PP No. 21 of Bazaltoli Gaon under Rangagora Mouza by the revenue authorities of Tinsukia Revenue Circle, in complete violation of the provisions of Assam Land Revenue Regulation Act, 1886?
(d) The names of the Circle Officers of Tinsukia Revenue Circle allowing mutations in the PP No. 21 of Bazaltoli Gaon under Rangagora Mouza may kindly be furnished to him.

7. Whether the order dated 12.04.05 at Item 1 passed by Shri P.K. Bora against his application dated 31.3.05 is based on facts.

8.Whether it is a fact that Shri Narayan Bahety of Tinsukia had filed an objection as attorney for Shri Man Kuma Lohia and Ors, in Revenue Appeal Case No 512004 in the court of Shri P .K. Bora, ACS, ADC, Tinsukia, and that later he has got 31 bighas of land transferred to his wife's name by registering a sale deed at the value much less than the market value with the sole aim of cheating the government. And that Shri P.K. Bora, ACS, ADC, has given extension to the land sale permission to Smti Saroj Devi Bahety, wife of Shri Narayan Bahety of Tinsukia wile a revenue appeal case was on pertaining to this PP No 30 of Makum Junction Town under Hapjan Nouza in the ADC's court and 1 or Board of Revenue , Assam.

Submission of the parties
The appellant stated that he received the point-wise reply to his queries vide letter of the SPIO dated 6.6.07. He submitted that there was a delay in furnishing him the information. Also he submitted that some replies furnished to him were not specific and satisfactory.

The appellant also mentioned his grievances against the various administrative decisions of Tinsukia district admihistration relating to the land registration on account of which he stood deprived ofthe -ancestral landed property.
The Additional D.C. Tinsukia submitted that the information furnished to him was complete and the order of the DC, Tinsukia as the First Appellate Authority was justified.

The appellant submitted that he wanted the detailed report of the Circle Officer, Tinsukia based on which the sale permission was issued as referred to in para 6(a) of his query. He also stated that for information relating to para 8 of his petition the SPIO should have written to the Assam Board of Revenue.

Observation of the Commission:
The Commission examined the reply of the SPIO in response to the petition of the appe!lant dated 17.4.07 point by point and found that the information was furnished to the appellant by the SPIO of D.C. Office, Tinsukia and hence order of the First Appellate Authority i.e. the Deputy Commissioner, Tinsukia in rejecting the appeal was justified. However, in course of the submission of the appeal as the appellant wanted to inspect the report of the Circle Officer, Tinsukia based on which the sale permission was issued by the district authorities, the Commission considered it necessary to allow the appellant to inspect the same.

The Commission also observed that the appellant had many grievances against Shri P.K. Bora, the then Additional Deputy Commissioner, Tinsukia (in para 8 of the petition). As the Commission is not the grievances redressal forum of this nature the Commission did not want to give any comment in this regard.

The Commission further observed that there was some delay in ,furnishing the information to the appellant by the SPIO of the office of the DC, Tinsukia which was caused as the records I copies sought for by the appellant were not completely available in the office of the DC, Tinsukia and the SPIO had to call for such records from other offices. Hence the Commission was of the view that delay was not deliberate.

Regarding the records which are reportedly available in the office of the Assam Board of Revenue the appellant might feel free to apply for the same to the SPIO of the :)ffice of the Assam Board of Revenue.

Decision of the Commission:
i) The Commission on careful consideration of the facts and circumstances of the case decided under section 19(8)(a) of RTI Act, 2005 to direct the Deputy Commissioner, Tinsukia to allow the appellant to inspect the report of the Circle Officer, Tinsukia based on which sale pennission was allowed to one Md. Isa to sell the land covered by PP No. 21 of Bazaltoli Gaon under Rangagora Mouza under the Tinsukia district. The appellant will be at liberty to take copies of the documents, relevant to his appeal, free of cost which should be duly certified to be true copy by the SPIO or any officer authorized by him.

This exercise should be competed by 20.12.07 and the D.C. Tinsukia will send a compliance report to the Commission.

iii) The Secretary of the Commission will put up this file before the State Chief Information Commissioner for his perusal with the compliance report of DC on 20.12.07.

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/TSK.10/2007/24 Dated November 20, 2007

CC:
1. The Deputy Commissioner,Tinsukia.
2. Shri Ratul C. Duarah,ADC,Tinsukia & SPIO, TInsukia
3. Md. Farouk Alam, Under Secretary, Cultural Affairs Department, Assam Secretariat(C),Dispur
4. The DIPR, Dispur, Guwahati.
5. MD, AMTRON, Bamunimaidan.
6. Office file.


Secretary, State Information Commission,
Assam, Janata Bhawan Dispur