Rajesh Tandon
21 April 2013 at 10:49
This is a query related to non-supply of information sought under RTI. The PIO of ordnance factory board Calcutta was approached under RTI for certain information but he failed to provide information. The appellate authority was approached. He too failed to provide information. A second RTI was addressed on a slightly different matter to PIO of the ordnance factory board Calcutta. This too has not been replied. Lodging a complaint with CIC i.e second appellate authority is itself a very time-consuming process . Sometimes CIC attends to complaint/appeal after a period of two years or more. Apart from the usual mechanism of making second appeal to the CIC, there is is also an alternate provision of giving notice under section 80 CPC to the concerned public authority through concerned secretary in the concerned ministry in the government of India. Subsequently, pursuing the matter to the consumer court wherein a number of consumer courts have entertained such cases on account of failure of PIO or appellate authority to provide information being deficiency in services. In addition, after serving a notice under section 80 CPC, one has still got an option to invoke article 226 of the Constitution and file a writ petition so that court directs the public authority to carry out its duty. Now the question is concerned RTI applicant is located in Sultanpur District(UP) whereas the office of PIO is in Calcutta. Supposingly, the concerned PIO is not moved even after serving of notice under section 80 CPC, then there may be a requirement to move to the consumer court. As it has been noticed by courts that a number of times the public authorities don't even reply to the notices also. Here lies the problem area. Normally, the case is to be filed in the jurisdiction of the court where the office of the opposite party lies which in this case would be Calcutta. So the whole aim of the exercise will be defeated. Is there any provision whereby the case can be lodged in Sultanpur District(UP) or Lucknow district consumer forum on some grounds. Even when the decision of number of district consumer forum in giving relief to RTI applicant is laudable, there is no relief for RTI applicant who is in transferable job or sitting at a distant location from office of public authority. Kindly suggest a way out. Also it has been learnt that it the RTI applicant or any antibody on his behalf can draft a notice under section 80 CPC, there is no formal requirement that the notice to be served by an advocate only. The same can be served by RTI applicant also. Request advice appropriately. Can on some grounds a writ petition can be filed after waiting and seeing the response of the public authority to the notice in Lucknow High Court instead of filing the writ petition in Calcutta High Court. Kindly Suggest some grounds. If a lawyer has to be engaged
in Calcutta district consumer Court/Calcutta High Court for filing consumer court case/writ petition, the whole aim of seeking information under RTI act will be defeated where in RTI applicant will have to incur exorbitant cost in engaging in a lawyer. Kindly suggest the problem resolution
Anonymous
20 April 2013 at 17:50
Do we need to give the landlord money for building a commode in the house. Our floor landlord is separate and ground floor is separate. But the landlords do nothing for maintenance, everyyear we spend for repairs from our pockets.
Nature79
20 April 2013 at 17:03
Hi ,
This is in regards to ongoing pursuance with BSNL/Department of Telecommunication whereby we have been sending RTI & appealing thereafter but have not got any proper response and now they have quashed the appeal stating the information asked in "Interogatory" in nature.
Below are details of RTI filed.
5th Jan 2013 - I filed RTI with PIO/Deputy Director Ministry of Communications & Technology CGO Complex Delhi asking for providing call details of my mother's BSNL mobile number (prepaid) from /between 25th Dec 2011 till 20th Jan 2012 (specially between 2nd Jan 2012 till 20th Jan 2012).
On the grounds that she was murdered by suspected people in night of 5/6 jan 2012 and call details there of would help us trace the culprits.
Since there's been no help from local police investigating the case nor from local courts which failed to direct police on this.
On this there were directions from Director
of concerned Ministry to provide information to me in letter dated back in Jan 14th 2013.But we got no response from addressed authority .WE send direct correspondence to addressed authority but still got no reply.Then we filed appeal on 7th March but we got reply from S.O (AS III) Dept of Telecom Sanchar Bhavan stating information sought is "Interrogatory".
While in another RTI send to local BSNL office in Hardoi (UP) on 5th Jan 2013 they replied the sought records have been erased/cant be retrieved now.We filed Appeal on this also and are still awaiting reply.
While on back end we have approach local courts again in Jan 2013 as well as got directions issued by DGP Law & order in Dec but no action result has come out despite directions from DGP office to Local Police & from Court to Local police.
Further to add I already send request to BSNL /Trai in local offices here in Lucknow/Hardoi to save such call details of mother's mobile back in Nov 2012 since they may be required/requested at later stage.
Please advice am i not entitled to such information and what are remedies in this through RTI.
AMISH
20 April 2013 at 05:09
Thanks for your time in advance…!
I am Amish Dadawala from Vadodara Gujarat; my family is agriculturist family since 1923 as per Revenue Records available form this period to till date.
My Query is; as per current revenue records the said land is on the name of my Grand Father’s Grand Father’s name. It’s under possession of my extended family members. They are not sole owners of this land as per one of the judgment of Honorable Gujarat High court. The said land is for sole purpose of family welfare and a Shivji’s temple located in land. The Judgment also specifies that all family members have to appoint an administrator jointly by the way of election for the land and mandir’s administration. At the same time no one is authorized to sell this land in future.
Now coming to main point; I want to buy an agriculture land in Gujarat State. Can I use my legal rights of a grand son of a grand son of a person who is Agriculturist as per latest Revenue Records? I know the normal and usual way to buy an agriculture land in Gujarat Sate; which is if I own an agriculture land I can buy another. For the same I need to update my name with this existing land revenue records by the way of “Family tree” authorized by “Talati”.
Now here there is one more query I don’t know all family members and I am not able to collect data of my extended family members as they migrated to another country some years ago.
Now is it possible to buy an agriculture land in lawful manner in Gujarat State using my rights as a family member of an agriculturist…?
For experts reference; the exact word in revenue records (7/12) are “Nominee of Late Shri Bhagubhai Dadawala and as administrator of Shri Nilkantheshwar Mahdev Mandir of said land. The type of land is “Juni Sarat” in other words this is an agriculture land.
For further communication experts can inbox me at amishdadawala@gmail.com or can call me +919722610610.
One more time thank you.
Seshagiri Viswanatha Rao
19 April 2013 at 22:03
Dear Experts
After expiry of time limit of 30 days and after filing an appeal u/s 19(1) before the Appellate Authority, if a reply is received from CPIO/SPIO during pendency of appeal, kindly indicate whether the reply of the CPIO/SPIO is maintainable under the RTI Act 2005.
salman khan
19 April 2013 at 21:27
there have five trustees of one charitable school, one of main founder of them died without making any will or letter so the question is whether the son of main founder get the seat of his father in trust.
Please review the matter
Thanking you
lar
19 April 2013 at 18:16
Hello Executive,
I got married in the year 2003 in Hubli, Karnataka in a Church (arranged marriage). We both are Christians.
I got the marriage certificate in the form of a small paper, can say half the size of A4 paper. My question is, should I register my marriage into the Sub-registrar office in Hubli?
I need Marriage Certificate for my Passport. My passport got expired and I need to renew it. I want a passport for my wife also.
Is it necessary for me to get the Marriage certificate from the Sub/Registrar's office? or is it enough for me to renew my passport with the present piece of paper I have.
Waiting for reply.
Thanks & Regards,
k s sundaram
19 April 2013 at 17:23
Sir,
how do i approach where and whom to punish the company who is not paying the interest on the fixed deposit amount. they also do not respond to my email communications. the investment was made thro a local investment promotor.
kindly advise suggestion
regards and thanks
sundaram
bangalore
vikram patil
19 April 2013 at 12:11
if any small rural society which is like small bank , if the rural society ,can society purchase the place for office,
if the society can purchase the place for office ,how much limits for the buying
now the society have not own office place ,the society office conducting in rental place,now society wants to purchase the place for office
nowyherate of the place is high i.e near about 20-25 lakhs ,now can society purchase that place
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