Illegal constructions, shrinking of Dal, utilization of budget
*CIC issues show-cause notices to PIOs, warns of penalty
Mohinder Verma
JAMMU, Aug 28: Gulmarg Development Authority and J&K Lake Conservation and Management Authority (LCMA) are reluctant to provide full information about illegal constructions, shrinking of Dal Lake, utilization of budget etc under the transparency law and taking serious note of this the Central Information Commission has issued show-cause notices to the Public Information Officers (PIOs) of these Government agencies asking them to explain why penalty should not be imposed against them for denial of information and non-participation in the Second Appeal proceedings.
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On March 15, 2023, an application under RTI Act was filed before the PIO of Gulmarg Development Authority seeking information about total quantum of land and the area of jurisdiction given under the control of Gulmarg Development Authority at the time of its creation, details of constructions which have violated the norms, utilization of budget provided to the Authority for promotion of tourism and method and manner of treating solid waste management and its outsourcing details of waste generated per day including the details of disposal (manual/ scientific) etc.
Having not received any reply from the PIO, the appellant filed First Appeal on April 20, 2023 which was not adjudicated by the First Appellate Authority leading to the filing of Second Appeal before the Central Information Commission.
While appellant was present before the Commission, the respondent remained absent and the appellant submitted that though PIO provided the details after filing of Second Appeal yet the same was incomplete.
After examining the record and hearing appellant, the Central Information Commission observed, ” the inordinate delay in furnishing of information has not been explained or justified by the PIO Gurmarg Development Authority”, adding “the respondent/PIO has not even bothered to attend the hearing nor explained the cause of his absence and such a lackadaisical approach towards RTI matters cannot be overlooked”.
Accordingly, the Commission directed the Registry to issue a show-cause notice to the PIO Gurmarg Development Authority to explain why penalty of Rs 25,000 should not be imposed for willful violation of the provisions of the RTI Act by causing deliberate obstruction in the dissemination of information.
“In doing so, if other persons are also responsible for the omission, the PIO shall serve a copy of this order on such persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission. Further, PIO is directed to send copy of supporting documents on which he relies upon in his submission as well as copy of reply sent qua the RTI application, if any”, read the order of the CIC.
Similarly, an RTI application was filed before the PIO of J&K Lake Conservation and Management Authority on June 15, 2023 seeking information about areas which have been demarcated as “Green Belt” as on date and also the number of hotels existing in “Green Belt”, total area of Dal Lake during the year 1990 and the area as on 31-05-2023, details of illegal construction around Dal Lake and the steps taken by LCMA for demolition, total budget allocated to maintain Dal Lake/ Nigeen Lake during the year 2019, 2020, 2021 & 2022 and how pure the water of Dal Lake/ Nigeen Lake is as per LCMA observation/research etc.
Neither the PIO provided the information within the stipulated time-frame not the First Appellate Authority adjudicated the First Appeal as such the applicant was compelled to knock the doors of the Central Information Commission.
While disposing of the Second Appeal, the CIC observed, “examination of the record of the case has revealed that the inordinate delay in furnishing of information has not been explained or justified by the PIO J&K Lake Conservation & Management Authority. The respondent/ PIO has not even bothered to attend the hearing nor explained the cause of his absence”.
“Hence the Registry is directed to issue a show-cause notice to the PIO J&K Lake Conservation & Management Authority to explain why penalty of Rs 25,000 should not be imposed for willful violation of the provisions of the RTI Act by causing deliberate obstruction in the dissemination of information”, the order said, adding “PIO is further directed to send copy of supporting documents on which he relies upon in his submission as well as copy of reply sent qua the RTI Application, if any to the Commission”.
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