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Telangana State Information Commission

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Telangana State Information Commission TELANGANA STATE INFORMATION COMMISSION (Under Right to Information Act, 2005) Samachara Hakku Bhavan, D.No.5-4-399, ‘4’ Storied Commercial Complex, Housing Board Building, Mojam Jahi Market, Hyderabad – 500 001. Phone Nos: 040-24740107 (o); 040-24740592(f) Complaint No. 23884/CIC/2017 Dated: 26-9-2018 Complainant : Sri Hansraj: N.Patel, Hyderabad 500 073 Respondents : 1. The: Public Information Officer ( RTI Act,2005) / The Assistant Secretary to Government, Revenue Department, Telangana Secretariat, Hyderabad 500 022 2. The Public Information Officer ( RTI Act,2005) / The Land Acquisition Officer, Metro Rail Project, Head Office, GHMC, Tankbund Road Road, Hyderabad-500029. 3. The Public Information Officer ( RTI Act,2005) / O/o the Managing Director, Hyderabad Metro Rail Project, Rasoolpura, Begumpet, Hyderabad-500016 4. The Public Information Officer ( RTI Act,2005) / O/o the District Collector, Hyderabad District, Nampally, Hyderabad-500001 O R D E R 1. Sri Hansraj N.Patel, Hyderabad 500 073 has filed a Complaint dated 27-10-2017 which was received by this Commission on 27-10-2017 for not getting the information sought by him from the PIO / The Assistant Secretary to Government, Revenue Department, Telangana Secretariat, Hyderabad 500 022 2. The brief facts of the case as per the Complaint and other records received along with it are that the Complainant herein filed an application dated 23-09-2017 before the PIO requesting to furnish the information under Sec.6(1) of the RTI Act, 2005, on the following points mentioned in his application annexed. 3. The Public Information Officer has not furnished the information to the Complainant. 4. As the Complainant did not receive the required information from the PIO even after 30 days of filing his application, he preferred this Complaint before the Commission requesting to arrange to furnish the information sought by him u/s 18(1) of the RTI Act, 2005. The Complaint was taken on file and notices were issued to both the parties for hearing on 12-4-2018. On 12-4-2018 the case is called. The complainant is present. The Public Information Officer, Revenue Department, Telangana Secretariat is absent. It is the case of the complainant that a part of his property situated at Ameerpet, Mumbai Road, Hyderabad was acquired in connection with Metro Rail Project and in this regard he had addressed a complaint to the Prime Minister’s Office on 30.01.2017. The O/o the PMO, New Delhi addressed a letter dated 21.04.2017 to the Chief Secretary, Government of Telangana directing to look into the matter and send a reply to the petitioner and to upload a copy of the same on the portal. Subsequently, the complainant filed 6(1) application before the Public Information Officer, O/o the Chief Secretary, Telangana seeking action taken on the letter of the PMO dated 21.04.2017, which was transferred to the Public Information Officer, Revenue Department by the Chief Secretary Office, but the Public Information Officer, Revenue Dept., did not furnish the sought information. Heard the complainant and perused the records. The case was adjourned to 26-9-2018. On 26-9-2018 the case is called. The complainant is present. The Public Information Officers (1) PRO, HMRL, Hyderabad and (2) Spl. Dy. Collector, LP, O/o the District Collector, Hyderabad are present. The Tahsildar, O/o the Spl. Dy. Collector, LA, HMRL, Hyderabad is present on behalf of the Public Information Officer, Spl. Dy. Collector, LA, HMR, Hyderabad. The complainant submitted that he did not receive the sought information from the PIO. The Public Information Officer, PRO, HMRL submitted that the application said to have been filed by the complainant was not received by them. The Public Information Officer, Spl. Dy. Collector, LA, O/o the District Collector, Hyderabad submitted that the complainant filed an application seeking information with regard to acquisition of the property situated in Ameerpet and the same was forwarded to the O/o the SDC, LA, HMR for necessary action. He further submitted that the matter relates to SDC, Land Acquisition, HMR and it is not dealt in Collectorate Office, Hyderabad. The Tahsildar appearing on behalf of the Public Information Officer, Spl. Deputy Collector, L.A., HMR, submitted that property bearing premises No.8-3-322 measuring 735-50 sq.yds., in the name and style of Rama Krishna Timber depot along with some other properties at Ameerpet Village has been acquired for the purpose of interchange Station Entry / exit at Ameerpet in Corridor III on the stretch of green lands to Road No.5, Jubilee Hills. After following the procedure under the provisions of L.A. Act, 1894, award was passed vide Spl. DC, LA, HMR proceedings No.C3/922/2013 dated 20.09.2014. The notice of award U/s 12(2) has been issued on 22.09.2014 and was served on the RTI applicant on 24.09.2014. The complainant herein filed WP No.1969 of 2015 praying for payment of compensation to the petitioner’s property by rejecting the frivolous claims of the 3rd parties. The Hon’ble High Court through orders dated 18.02.2015 issued directions to maintain status quo as regards consideration of issue under Sec.30 of LA Act, 1894 for a period of four weeks. The Hon’ble High Court later on through orders dated 02.09.2015 passed orders continuing the interim orders till further orders. The Tahsildar further submitted that the representations dated 30.01.2017 and 23.09.2017 said to have been filed by the complainant were not received by the O/o the Spl. DC, LA, HMR.. However, the applications dated 06.05.2017 and 07.03.2018 filed by the complainant on similar issues were received by the office and the complainant has been informed of the factual position vide letter dated 03.04.2018. The Complainant has agreed with the above submission of the PIO / LAO, HMR. His only contention is that no reply is given to his grievance petition given in PMO office on 30-1-2017 which was forwarded to the CS, TS on 21-4-2017 and the RTI application filed thereon. Heard the parties and perused the records. It is clear from the records that the Complainant submitted a representation on 30-1-2017 in the PMO office with regard to acquisition of property without notice and without payment of compensation. The PMO forwarded the said representation to the Chief Secretary on 21-4-2017 and the Chief Secretary in turn transmitted the same to the Revenue Department and the Revenue Department communicated the same to the District Collector, Hyderabad. On 23rd September, 2017, the Complainant herein filed an application u/s 6(1) of the RTI Act before the PIO, O/o the CS, Telangana seeking information about the action taken on his representation forwarded to the CS by the PMO. The said application was transferred u/s 6(3) of the RTI Act to the District Collector, Hyderabad on 2-2-2018. While the matter stood thus, the Complainant filed another application before the Spl.CS to Govt., Revenue on 30-1-2018 seeking information on the same subject and the Hyderabad Metro Rail, Hyderabad furnished the information on 25-3-2018 endorsing copies of Panchanama and other documents with regard to acquisition of the said property. The record further reveals that the Spl.Deputy Collector, LA, HMRL vide Memo no.C3/922/2013 dated 9-2- 2018 provided complete information including the amount of compensation worked out, the legal disputes pending and the fact of depositing the compensation amount in the Civil Court u/s 76-A of the LA Act after taking possession of the land u/s 91 of the LA Act. The Spl.Deputy Collector, LA wrote letter No.C3/922/2013 dated 3-4-2018 to the MD, HMRL and marked a copy to the Complainant wherein complete information on the issue was once again furnished to the Appellant. The Complainant conceded with what all the PIO has submitted, but contended before this Commission, that no information is furnished to him to his RTI application. The Commission has observed that though no reference was made to the RTI application dated 23-9-2017 complete information was furnished to the Complainant. The PIO / LAO, HMRL and the Spl.Deputy Collector, LA, HMRL are directed to furnish the information once again specifically to the application dated 23-9-2017 made u/s 6(1) of the RTI Act to the Complainant. The PIO shall comply the above orders within (15) days from the date of receipt of this order and submit compliance to this Commission. With the above direction, the Complaint is closed. Dr. Raja Sadaram Soma Chief Information Commissioner Authenticated by: Assistant Registrar Copy to: IT Section/SF .
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