1091 Krishna Pal by YcTkkx

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									                 WEST BENGAL INFORMATION COMMISSION
                        Bhabani Bhaban, 2nd Floor, Alipore
                                Kolkata-700 027
                             Telefax (033)2479-1966
                           Website: www.wbic.gov.in
                             E-mail: scic-wb@nic.in

                              Appeal/Complaint No. 751(2)-WBIC/RTI/881/09
                               Right to Information Act, 2005
                               Date of hearing 13.04.2010

                       Dr. (Smt.) Krishna Pal and Shri Sourendra Nath Pal
                                             Vs.
                       Kolkata Metropolitan Development Authority


Present

      1 Dr. (Smt.) Krishna Pal……… Complainant
      2. Shri Sourendra Nath Pal……. Complainant
      3. Smt. Smita Pandey ….. Special Secretary &Appellate Authority, K.M.D.A.
      4. Shri Panchu Thakur Sarma ….….. Dy. Secretary, M.M. Unit, K.M.D.A.
      5. Shri Pulak Das … . Superintending Engineer, M.D.P. Sector, K.M.D.A.
      6. Shri Nil Kr. Dutta …..Administrative Officer, M.M. Unit, K.M.D.A
      7. Shri Shib Sankar Mukherjee…..Chief Engineer, A.D. Sector, K.M.D.A.
      8. Shri Debi Prosad Goswami…….. Dy. Secretary & SPIO, K.M.D.A

Facts on record

1.     Dr. Smt. Krishna Pal and Shri Sourendra Nath Pal jointly submitted one RTI
application to the SPIO, Kolkata Metropolitan Development Authority on 21.07.09
seeking

(i)       KMDA’s observation on the joint measurement as asked for by them along with
          an explanation as to why the complainants were not informed of the outcome
          within a reasonable time.
(ii)      KMDA’s observation on their claim of damages suffered by them vide their letter
          dt. 06.09.07
(iii)     Certified copies of (a) No Outstanding Certificate issued by the Assessment
          Department, KMC, (b) Occupancy Certificate issued by the Building Department
          of K.M.C., (c) Draft deed of conveyance duly executed by KMDA to enable
          them to arrange for registration, (d) KMDA have recovered 1 % money as
          documentation charges. A break-up of 1% needs to be given.

2.     The SPIO requested the assistance of Joint Secretary, M.M. Unit. immediately on
receipt of the RTI application vide his Memo No. 260 / KMDA/PR-416/1/2006 (1R-574)
dtd. 24.07.09.
3.     Though a series of correspondences followed including even one from this
Commission, no specific information was furnished to Shri and Smt. Pal. The 1st appeal
also went undisposed within the specified time. The Commission therefore decided to
hear both the parties on 13.04.2010.

Order

4.     The Commission is annoyed of the fact that in spite of SPIO seeking assistance of
other officers of the Public Authority pointing out to provide specific information on
specific queries, there was no serious attempt to provide information paying due regard
to the statutory provisions of the Act. The Commission brings it to the notice of all
concerned that if the SPIO seeks assistance u/s 5(4) from any other officer, such other
officers are bound to render all assistance to the SPIO, contravention of which would
make them liable to be treated as deemed SPIO and the Commission would initiate penal
provisions against them. The officials of KMDA in general have failed miserably on this
count.

5.      It is observed that the responsible officers even of the rank of Assistant Engineer
and Technical Assistant attended a meeting on 10.05.07 with the complainants and
admitted of a few defects / deficiencies as were pointed out to them by the appellants.
But no such records are stated to have been available in the KMDA’s office. The
Commission takes umbrage of such denial because the Technical Assistant and the
Assistant Engineer did receive a copy of the said proceeding. Whether or not they have
duly reported the matter to the Appropriate Authority is a matter to be probed into by the
Special Secretary and the Appellate Authority and proper action against the delinquent
officials be he of the rank of the Assistant Engineer or above, should be taken in this
regard.

6.     As regards draft deed of conveyance, the Commission asks the Public Authority
to furnish a copy of the model draft deed to the appellants immediately. The Public
Authority shall also inform the appellants in no uncertain terms, whether or not they
have in their record a break up of the 1% money of the total value of the flat charged by
KMDA for documentation charges. At the same time the Commission observes that
charging a lump sum amount without a break up is unethical in such cases when people
are spending their life long savings for the purchase of a flat.

7.     The Commission takes this opportunity to urge upon the Public Authority to gear
up the entire system of receiving and disposing of RTI applications as per provisions laid
down in the Act.


                                                                 Sd/-
                                                     (Arun Kumar Bhattacharya)
Date: 19.04.2010                                State Chief Information Commissioner
No. 1091(7)(Order)/WBIC/RTI/881/09                               Date: 19 .04.2010
Authenticated true copy forwarded to

1. Shri Shib Sankar Mukherjee, Chief Engineer, Area Development Sector, Kolkata
   Metropolitan Development Authority, Unnayan Bhavan, Block-A (8th Floor)
   Bidhannagar, Kolkata-700064
2. Smt. S. Pandey, Special Secretary & Appellate Authority, Kolkata Metropolitan
   Development Authority Prashasan Bhavan, DD-I, Sector-I, Bidhannagar, Kolkata –
  700064
3. Shri P. T. Sarma, Deputy Secretary, Marketing & Management Unit, Kolkata
   Metropolitan Development Authority, Unnayan Bhavan, VIP Block (Mezzanine
   Floor), Bidhannagar, Kolkata – 700 064
4. Shri Debi Prasad Goswami, Deputy Secretary & State Public Information Officer,
   Kolkata Metropolitan Development Authority Prashasan Bhavan, DD-I, Sector-I,
   Bidhannagar, Kolkata-700064
5. Shri Nil Kr. Dutta, Administrative Officer & Estate Manager, Marketing &
   Management Unit, Kolkata Metropolitan Development Authority, Unnayan Bhavan,
   VIP Block (Mezzanine Floor), Bidhannagar, Kolkata – 700 064
6. Shri Pulak Das, Superintending Engineer, Baishnabghata Patuli Project Divn.-I,
   C.I.T. Market Complex, Jadavpur, Kolkata - 700032
7. Dr.(Smt.) Krishna Pal & Shri Sourendra Nath Pal, Flat No. DD-702, Ashabari
   Apartments, 0/31, Baishnabghata Patuli Township, Kolkata – 700 094



                                                 Secretary & Acting Registrar
                                              West Bengal Information Commission

								
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