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CENTRAL INFORMATION COMMISSION
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Telefax:011-26180532 & 011-26107254 website: cic.gov.in
Appeal No. CIC/DS/A/2010/000615
Appellant : Shri Anup Chandra Bose, Kolkata
Public Authority : LIC of India, Kolkata
Date of Hearing : 19/05/2010
Date of Decision : 19/05/2010
Facts
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The appellant Shri Anup Chandra Bose, vide his RTI application dated 17/11/2009, sought
information from CPIO, Western Zonal Office, LIC, pertaining to derequisitioning of land by
Defence authorities and subsequent actions taken which led to the Civil Rule No.4066(W) of 1974.
2. The appellant has also sought information as to why compensation should not be paid for
the money invested with the LIC for almost 40 years by purchasers of the land as early as 1945
particularly when British the Government of the day had at the time of requisitioning committed
that the land was expected to be placed at the disposal of the authority from 20/02/1942 ‘until six
months’ after the termination of the present War unless relinquished earlier. The said land which
belonged to Hindustan Cooperative Insurance Society (later merged with LIC) was requisitioned
under the Defence of India Act and Rules on account of World War-II
3. The appellant has sought this information since in his view this commitment left no scope
for holding the moneys paid by buyers including his late mother for 40-45 years after the
termination of the War.
4. Furthermore, the appellant has stated that this fact is important as it was the condition
under which the land was offered for sale to the buyers on 15/10/1945.
5. The appellant has also stated in his RTI application that the Military Estates Officer,
Bengal Circle had initially conveyed their decision to release the said land vide their letter
No.Ben/20022/IB dated 17/01/1967 thereby indicating that the Defence authorities had decided
that the land was no longer required for the military needs covered by the Defence of India Rules
and, therefore, the requisition stood withdrawn.
6. Shri Bose has further elaborated that instead of honouring the commitment of sale of the
land to the buyers who have already paid for the same to the Hindustan Cooperative Insurance
Society, LIC moved the High Court in 1974 to oppose the de-requisition of the land which was
decided in favour of the Corporation by quashing the de-requisitioning order. This culminated in
their the position that the land had not been released by the Defence Authorities and had been
seamlessly acquired by the Government of India/Govt. of West Bengal in the 1980s.
7. The appellant has also stated that as per records available in the office of the Defence
Estates, Kolkata between 1967 and 1985 numerous meetings/discussion were held between the
representatives of the Government of West Bengal, the LIC and the Defence Authorities to discuss
various solutions of what to do with the land and the fact that there was a commitment to deliver
portions of the land to buyers who had made advance payments was not noted in these discussions.
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8. The matter was heard today through video conferencing. Both parties were present and
represented as above.
DECISION
9. After hearing the submissions made by both sides, who put forth arguments in supported of
their respective stated positions and in view of the facts stated above, the Commission is of the
view that it cannot not accept the statement made by the respondents that the papers relating to
these lands, the discussions held by the above mentioned 03 public authorities are not available.
More so, because there are several claims raised by the LIC and are still pending with the office in-
charge of Military Estates.
10. Further, the Commission accepts the contention of the appellant that he had gone into the
history of the issue in his RTI application and subsequent first appeal before the appellate
Authority because he wanted to see all the relevant documents and, therefore, the arguments put
forth by the respondents that he had not listed the details of various documents sought at the
hearing indicate a narrow approach.
11. The Commission cannot accept the plea made by the respondents that they do not have a
copy of their own Writ Petition which lead to Civil Rule No.4066(W) of 1974 leading to the de-
requisition order by the Defence Authorities. In case they are not able to trace the same in their
own Legal Departments the respondents are directed to apply for the same from the Hon’ble High
Court of Kolkata within 10 days of receipt of this order and after obtaining a certified copy provide
the same to the appellant. The Commission sees merit in the argument that the buyers of the land
had a financial interest in the same since they had paid money to the Hindustan Cooperative
Insurance Society(now LIC) and, therefore, as stake holders should have been invited to join the
discussions between Defence Authorities, LIC and the Government of West Bengal.
12. It is, therefore, directed that the appellant may be allowed inspection of all correspondence,
documents and record of meetings etc. Pertaining to the discussions between the 03 public
authorities held between 1967 and 1985 when they explored various alternatives to dispose of the
land.
13. The respondents have stated that the case being an old one, the records are not readily
accessible to them. Accordingly, they are provided 07 weeks time from the date of receipt of this
order to locate these documents and provided an opportunity to the appellant/his representative to
inspect the records. The appellant may also be allowed to take attested photocopies of the pages on
payment of prescribed fee.
12. Respondents will pay cost for obtaining copy of their Writ Petition from the High Court of
Kolkata.
13. Ordered as above.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(Tarun Kumar)
Joint Secretary & Addl. Registrar
Copy to:-
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1. Shri Anup Chandra Bose,
SE84 Block-E, New Alipore,
Kolkata-700053.
2. The PIO under RTI Act, 2005,
LIC of India, Eastern Zonal Office,
Hindustan Building, 4, C R Avenue,
Kolkata-700072.
3. The Appellate Authority under RTI Act, 2005,
LIC of India, Eastern Zonal Office,
Hindustan Building, 4, C R Avenue,
Kolkata-700072.