What should be my next step?

retd personal

Dear All

I submitted an application (12/03/12) in respect to running of private ventures in defence delhi under the domain of Garison Engineer (East) Delhi Cantt-10.The info was denied stating -The info is not available in the format as asked for.It further added creation of information would dis-proportionately divert the resources of the public auth,...hence disposed of under section 07(9) of RTI Act 2005. It however offered that documents in relation can be inspected at mutually agreed time and date. That gave the name and add of the appellate auth as Brig MN Devaya, Chief Engineer, HQ CE Delhi Zone, Delhi Cantt-110010.

I preferred the first appeal which was transferred to CWE Military Engineer Services, Delhi Cantt-10. Now have recd the reply from CWE upholding the decision of the CPIO on 18 Apr 2012. It has further advised me to refer to Govt of India DOPT letter No 1/7/2009 -IR dated 01 Jun 2009 and 10/2/2008-IR dated 01 Jun 2009 in compliance of point raised in my first appeal.In my first appeal I requested that the CPIO may kindly be suitably advised to provide me the info sought .

I have gone through the letters of DOPT dated 01 Jun 2009 - One is about a high court of Goa order which debar info seeker not to use "WHy" in the application when asking for info. I have not not used such interrogative word , hence in-applicable in my case.

Second one about creation of documents which was duly clarified by the CIC and the Law ministry accepted the command of the CIC and amended the letter issued earlier mis-interpreting the term " creating the documents". My query is based on my long experience in the Army. The format I have used is the format which is followed to compile the info for higher HQ and submission to the Controller of Defence Accounts which recovers Licence Fees and Allied charges for commercial use of defence accommodation anywhere in the country. I am in possession of the similar information in respect to Secunderabad Cantonment received from the Garison Engineers in charge of the areas.

I am trying to upload my appeal . I need to pursue the matter as there are 4500 Unit Run Canteens ( Selling CSD goods, another 3000 odd extension counters (selling CSD goods) and there are appx 15000 Unit Run Canteens selling NON-CSD goods ranging from tea , soft drinks to beauty products. Some are as big as big Malls super Markets especially in the prime locations eg Delhi. 

None of these URCs is authorised any accomodation as per the Scale of Accommodations 1983 ( Revised) which caters for all types of accommodations to a regular military unit as per the KLP (Key Location Plan).Those URCs are occupying built in spaces which ranges from 15 Square Meters to 1500 square meters. Some of the buildings have been built with private fund held with the services units. In a guesstimate on an average 4,00,000 sq meters of built up defence accomodation is in the possession of the private venturers. Rent for those accommodation for use for commercial purposes surprisingly is decided by the same local formation which is the exploiter. It is only Rs 5 per square meter of built up accommodation for those 4,00, 000 sq meters of defence accommodations rented to civilian contractors, dealers , bankers , hotelliers , merchandiers, MNCs etc etc with safety , security and the parking land comes free. Annual turn over of those private venturers on those 4,00,000 sq mtr is in the range of couple of billions and one can easily understand why generals and their equvalent in other two services are so enthusiastic in vacating defence accommodation even displacing sophisticated military arsenals out side the sun for successful running of such private ventyres. Most of the defence departments including the defence audits , DRDO (AGNI5 famed), DGQA, CSD and such others are also exploiting the situation and converting building afterbuilding into commercial complex. The unit commanders / head of the defence est eg DRDO, CDA. CSD are taking a cut in the name of REBATE just for allowing those defence buildings ( meant for some official purposes) to run commercial activities.

Garison Engineer as per the Army dictum is the sole auth for repairs and maintenance of all the defence establishments including those allotted to DRDO, CDA, DGQA  etc . Withour their written consent no defence building can be rented. It is those Garison Engineers who are to ensure that sanction/approval of the competent auth for reappropriation of any defence building is obtained by the local formation HQ prior to allot of any such accn for any commercial purposes. I have raised the query on that back ground and the info is being evaded.

What should be my next course of action?

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