CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/01162
Dated, the 10th February, 2009
Appellant : Shri Ramanbhai Gandabhai Patel
Respondents : Administration of Dadra & Nagar Haveli
This matter was heard through videoconferencing on 02.02.2009.
Appellant and respondents were both present at NIC Studio at Silvassa.
Commission conducted the hearing from its office at New Delhi.
2. Through his RTI-application dated 28.05.2008, appellant had requested
information about how a road was constructed on appellant’s private land in
Survey No.313 in the Village Gandhigram ⎯ Amli and with whose consent.
Appellant also wanted to be provided the details of “panchnamas” and “details of
7*12 abstracts showing the newly constructed roads along with maps”.
3. He received a reply from the CPIO dated 19.06.2008 and appellant’s
first-appeal was decided by the Appellate Authority on 15.07.2008.
4. In their comments about the information requested by the appellant now
filed before the Commission, the respondents have stated as follows:-
“2. In response, the Dist. Planning Officer / CPIO had informed the
appellant vide letter dated 19/06/2008 that the required information is not
available with his office and had advised him to collect 7×12 extracts from
the Talati office, map from the Survey & Settlement Officer and the
Panchnama from the Municipality office, Silvassa. The appellant being
not satisfied filed 1st appeal, in which, the Appellate Authority directed the
CPIO to collect the information from the concerned offices and provide
the same to the appellant.
3. The CPIO informed the concerned offices to provide the copies of
the documents to the appellant. The Patel Talathi handed over the 7×12
extracts (revenue records) of the concerned land to the appellant on
23.08.2008. The Survey Settlement Officer provided the map to the
appellant vide Registered Speed Post on 29/09/2008. Regarding
Panchnama, the concerned Sarpanch of Samarvani Group Gram
Panchayat vide his letter at 15.07.2008 had informed that no Panchnama
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or any other record has been held in his office regarding handing over of
the land in Survey no.313. The said status report has been made
available to the appellant by the CPIO vide his letter dated 30/07/2008.
The Chief Officer, Silvassa Municipal Council had replied to the
appellant vide letter dated 30/07/2008 (Annexure-I) [sic] that the Council
has no such Panchnama in its possession.
4. In view of the above, it is submitted that whatever information as
held in the office records have already been handed over to the appellant
and there is no denial of information. If he has any grievances regarding
handing over of land out of Survey no.313 for road construction, then he
may approach the concerned Authority for redressal of his grievances, for
which RTI Act is not the appropriate forum. In view of the above, it is
prayed that the appeal may please be disposed off.”
5. From the records furnished, it is seen that appellant is disturbed by the fact
that a certain road has been built through his land in the above-mentioned survey
number without due process having been followed or any compensation having
been being paid to the appellant for constructing the road. The copies of the
map, etc. now provided to him by the respondents do not show the road because
these maps were evidently prepared before the said road was laid through the
appellant’s land. What is required, therefore, is to give to the appellant the actual
status of the land in the above survey number with details of roads or other such
constructions through it, if-it all made.
6. Accordingly, it is directed that the CPIO, along with officers of the public
authorities dealing with the survey land records and revenue matters including
the Gram Panchayat officials, conduct a spot inspection of the above survey
number and have a map prepared of the survey number showing therein the
presence of the road ⎯ if there is one ⎯ and other such constructions in, or
through, the survey number. This map shall be provided to the appellant within
six weeks of the receipt of this order by the CPIO, duly certified by the officials
preparing the map.
7. Appeal disposed of with these directions.
8. Copy of this direction be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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