CENTRAL INFORMATION COMMISSION
Appeal No.3050/ICPB/2008
F. No. PBA/2008/00951
November 18, 2008
In the matter of Right to Information Act, 2005 - Section 19
[Hearing at Puducherry on 31.10.2008 at 4.30 p.m.]
Appellant: Mr. K.K. Narayanan Nambair
Public authority: Department of Survey & Land Records
Mr. V. Manivannan, Director & CPIO
Parties Present: For Respondent:
Mr. V. Manivannan, Director
Mr. K.K. Narayanan Nambiar-Appellant
FACTS
:
The appellant has sought information under RTI Act by his letter dated
13.3.3008 addressed to the PIO/Sub-inspector of Survey, Department of Survey
and Land Records, Branch Office, Mahe asking for certified copies of survey
sketch plans of field Nos. R.S. 49, 54, and 89 in Chalakkara Revenue village,
Mahe. The PIO vide his reply dated 7.4.2008 has indicated for getting the
information the appellant has to produce necessary evidences to support the
ownership of the lands. Not satisfied with this reply the appellant preferred an
appeal before the first AA on 16.4.2008. The First AA by his order dated
14.5.2008 held that the reply given by the PIO is violative of the provisions of the
RTI Act and PIO has been directed to furnish the required information without
any fee on or before 31.05.2008. Stating that the PIO has given part information
only has preferred this appeal before the Commission on 11.6.2008. Comments
were called for from the public authority and the case was fixed for hearing on
31.10.2008, which was attended by the appellant in person and the Department
was represented by the Director of Survey.
DECISION:
2. I have gone through the RTI application and other replies received in this
connection. The appellant is seeking information pertaining to three fields and
according to him the information given is not correct. The PIO has stated that the
appellant is seeking poromboke land details. During the hearing, the PIO has
provided the information to the appellant. The appellant has been contending
that the information given does not mention the length and breadth of the fields to
enable him to find out how the land has been encroached. Though it is not
1
coming under the RTI Act, the PIO was asked to take necessary action to
measure the fields and provide it to the appellant. At this point, the PIO has
contended that the Mahe Municipality is the custodian of the information.
Considering the public interest involved in the matter as the lands are public
property, the PIO has been directed to take up the matter with his counter-part at
Mahe Municipality to do the measurement and provide it to the appellant within
15 days from the date of receipt of this decision. In these lines, the appeal is
disposed of.
Let a copy of this decision be sent to the appellant and CPIO.
Sd/-
(Padma Balasubramanian)
Central Information Commissioner
Authenticated true copy :
(Prem Singh Sagar)
Under Secretary & Assistant Registrar
Address of parties :
1. Mr. V. Manivannan, Director & CPIO, Directorate of Survey & Land
Records, Puducherry.
2. Mr. K.K. Narayanan Nambair, Swapna Threeram, Chalakara, P.O. New
Mahe-673311
2