Before the State Information Commission, Maharashtra-Appeal Under Section 19(3) of RTI Act, 2005
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Before the State Information Commission, Maharashtra-Appeal under Section 19(3) of RTI Act, 2005. Appeal No.2009/2028/02 Shri. Leslie Almeida Casa Almeida “Flat 103, 1, St. Joseph Road, Off ST Paul Road, Bandra (W), Mumbai – 400 050. … Appellant V/s First Appellate Officer, Divisional Dist. Registrar Cooperatives, Grihanirman Bhavan (MHADA Bldg), Ground Floor, Room No.69, Bandra (E), Mumbai – 400 051. … Respondent Public Information Officer, Dy. Registrar Cooperative Societies, H/W Ward Sahakar Bazar Bldg, 4th Floor, Bandra (W), Mumbai – 400 050. GROUNDS This appeal has been filed under section 19(3) of the Right to Information Act 2005. The appellant had sought the information regarding case file Leslie Almeida V/s Salselle Catholic Cooperative Society. He also wanted a copy of the circular to Salsette Society by Dy Registrar in 2002; if the circular has been revoked a copy of the same, no of societies in society formed within Salsette Society with registration no after 17.01.2002 up to date. Not satisfied with responses from the Public Information Officer and the First Appellate Authority, the appellant has come in second appeal before the commission. The appeal was heard on 05.03.2009. Appellants and respondent were present. The appellant has stated that the PIO must furnish the information. The respondent contended that they do not have the circular to Selsette Society and therefore cannot furnish a copy of it. After considerable discussion it was agreed that the appellant should inspect the relevant file and copies of the document selected by him should be furnished within 30 days. Order The appeal is allowed. (Ramanand Tiwari) State Information Commissioner, Mumbai Place: Mumbai Date: 06.03.2009 C:\Documents and Settings\abc\My Documents\Mr.R.Tiwari\Orders\English 2009\March 2009.doc Kamlesh Before the State Information Commission, Maharashtra-Appeal under Section 19(3) of RTI Act, 2005. Appeal No.2009/2029/02 Shri. Leslie Almeida Casa Almeida “Flat 103, 1, St. Joseph Road, Off ST Paul Road, Bandra (W), Mumbai – 400 050. … Appellant V/s First Appellate Officer, Divisional Dist. Registrar Cooperatives, Grihanirman Bhavan (MHADA Bldg), Ground Floor, Room No.69, Bandra (E), Mumbai – 400 051. … Respondent Public Information Officer, Dy. Registrar Cooperative Societies, H/W Ward Sahakar Bazar Bldg, 4th Floor, Bandra (W), Mumbai – 400 050. GROUNDS This appeal has been filed under section 19(3) of the Right to Information Act 2005. The appellant has asked for a copy of the visitors book for the month of July / August 2007. Not satisfied with response from the Public Information Officer and the First Appellate Authority the appellant has come in second appeal before the commission. The appeal was heard on 05.03.2009. Appellant and respondent were present. After going through the case papers and considering the arguments advanced by parties I have come to the conclusion that the required information must be furnished. [ Order The appeal is allowed. The information must be furnished within 15 days. (Ramanand Tiwari) State Information Commissioner, Mumbai Place: Mumbai Date: 06.03.2009. C:\Documents and Settings\abc\My Documents\Mr.R.Tiwari\Orders\English 2009\March 2009.doc Kamlesh Before the State Information Commission, Maharashtra-Appeal under Section 19(3) of RTI Act, 2005. Appeal No.2009/1412/02 Shri. Pravin Kishor Jahir 50/F, Shantaram Nivas, Sonapur Lane, Worli, Koliwada, Room No.2, Mumbai – 400 025. … Appellant V/s First Appellate Officer cum Assist. Commissioner, Municipal Corporation, “B” Ward Office, 121, Ranchandra Bhatta Marg, Opp. J.J Hospital, Mumbai – 400 009. … Respondent Public Information Officer cum Estate Officer, Municipal Corporation, “B” Ward Office, 121, Ranchandra Bhatta Marg, Opp. J.J Hospital, Mumbai – 400 009. GROUNDS This appeal has been filed under section 19(3) of the Right to Information Act 2005. The appellant had sought the information regarding transfer of Room No.8, First Floor, BIT Chawl No.6 Chinch bunder, Dr. Maheshwer Road, Mumbai in the name of Vithal Posha Jahir. The appellant has asked for copies of documents on the basis of which this transfer was given effect. Not satisfied with responses from the Public Information Officer and the First Appellate Authority the appellant has filed this second appeal before the commission. The appeal was heard on 02.03.2009. Appellant and respondents were present. The appellant has contended that the room originally stood in the name of Shri Posha Hasha Jahir till 1956. His wife Shrimati. Gangabai Posha Jahir died in 1978 but the room was transferred in the name of Vithal Posha Jahir in 1975. It is for this reason that the appellant wanted copies of documents which formed the basis of the transfer. The respondent has stated that they do have the documents showing that the room was transferred in the name of Vithal Posha Jahir in 1975 but do not have documents which formed the basis of transfer. After going though the case papers and considering the arguments advanced by parties it is revealed that the MCGM is not in a position to furnish document. This is C:\Documents and Settings\abc\My Documents\Mr.R.Tiwari\Orders\English 2009\March 2009.doc Kamlesh very serious. No transfer can take place without supporting documents; otherwise the inference will be that this has been done arbitrarily. I would therefore direct that the respondent to make all efforts to locate the paper and communicate the findings to the commission in the form of an affidavit. This should be done in 30 days. Order The appeal is allowed. Information to be furnished by PIO within 30 days. (Ramanand Tiwari) State Information Commissioner, Mumbai Place: Mumbai Date: 09.03.2009. C:\Documents and Settings\abc\My Documents\Mr.R.Tiwari\Orders\English 2009\March 2009.doc Kamlesh Before the State Information Commission, Maharashtra-Appeal under Section 19(3) of RTI Act, 2005. Appeal No.2009/2050/02 Shri. Jethalal Patel Vithalwadi, Azad nagar, Andheri (W), Mumbai – 400 053. … Appellant V/s First Appellate Officer Slum Rehabilitation Authority 5th Floor, Grihanirman Bhavan, Bandra (E), Mumbai – 400 051. … Respondent Public Information Officer cum Estate Officer, Municipal Corporation, “B” Ward Office, 121, Ranchandra Bhatta Marg, Opp. J.J Hospital, Mumbai – 400 009. GROUNDS This appeal has been filed under section 19(3) of the Right to Information Act 2005. The appellant had sought certified copy of the Individual letters of consent or consent in any forms and the certified copies of the individual 68 Agreements entered into between M/s. K.S. Chamankar Enterprises as the developers and the slum dwellers at the SRA project undertaken at lands viz the land bearing CTS no, 835 (pt.), of village Ambivali at Azad Nagar, Andheri (W), Mumbai. Not satisfied with responses from the Public Information Officer and the First Appellate Authority the appellant has filed this second appeal before the commission. The appeal was heard on 12.03.2009. Appellant and respondents were present. The appellant has contended that he had requested for copies of agreement entered into by 68 persons and also copies of consent letters. The respondent’s contention is that the information sought voluminous and appellant should inspect the relevant documents and necessary copies will be provided to him. After going though the case papers and considering the arguments advanced by parties I have come to the conclusion the information needs to be provided. The C:\Documents and Settings\abc\My Documents\Mr.R.Tiwari\Orders\English 2009\March 2009.doc Kamlesh appellant cannot be formed to inspect documents Moreover the information sought is precise and clear. It is true to that it is voluminous but we have to ensure that the appellant is satisfied I therefore pass the following order. Order The appeal is allowed. Information to be furnished by PIO within 30 days. (Ramanand Tiwari) State Information Commissioner, Mumbai Place: Mumbai Date: 12.03.2009. C:\Documents and Settings\abc\My Documents\Mr.R.Tiwari\Orders\English 2009\March 2009.doc Kamlesh Before the State Information Commission, Maharashtra-Appeal under Section 19(3) of RTI Act, 2005. Appeal No.2009/2051/02 Mr. Macchindra N. Karalkar Hazarabhai House, Room No.5, Irla Society Road, Vile Parle (W), Mumbai – 400 056. … Appellant V/s First Appellate Officer cum Assist. Commissioner, Municipal Corporation, K/West Ward Office, S.V. Road, Opp. Andheri Rail Station, Andheri (W), Mumbai – 400 058. … Respondent Public Information Officer cum Medical Officer, Municipal Corporation, Medical Officer of Health, K/West Ward Office, S.V. Road, Opp. Andheri Rail Station, Andheri (W), Mumbai – 400 058. GROUNDS This appeal has been filed under section 19(3) of the Right to Information Act 2005. The appellant had sought the information relating to Hotel May a Bhuvan ‘spring’ shop No.1 Hazarabai house Irla Society road, Vile Parle (W), Mumbai. The appellant has sought certified copies of order received if any with regard to the above mentioned hotel. The Public Information Officer by his letter dated 10.10.2008 informed him that he can inspect the entire file take Xerox copies of selected documents. The First Appellate Authority confirmed the PIO’s order. Not satisfied with responses from the Public Information Officer and the First Appellate Authority the appellant has filed this second appeal before the commission. The appeal was heard on 12.03.2009. The appellant did not turn up but the respondent was present. The appellant has contended that he was not satisfied with the reply given by the Public Information officer and the First Appellate Authority did not give him hearing. The respondent’s contention is that he has already been informed that he could inspect the file and copies will be provided to him.