NEW DELHI, Sept 8:
CIC today slapped maximum penalty of Rs 25,000 on officials of Delhi Government for not furnishing information about a land plot worth Rs 100 crore despite orders from seniors, claiming that the records have gone missing from Revenue Trial Court.
Information Commissioner Sridhar Acharyulu imposed the penalty on CPIO of SDM office Manish Jain and former CPIO Sham Chand asking their offices to deduct the penalty from their salary and pension respectively.
The case relates to a three-year-old RTI application filed by Harish Tyagi which has not been responded to by Jain and Chand despite repeated instructions from their seniors and the Commission.
Tyagi has claimed that his father was joint bhoomidar with Ramphal of around 20 bighas of land in Delhi which is worth around Rs 100 crore.
“He alleged that Revenue Authorities put forward the files alleging that he surrendered the status of bhoomidar on June 03, 1977 in favour of Ramphal. The appellant was seeking certified copy of the ‘surrender’ letter, which was not furnished.
“Appellant needs this document to examine the witness before the Revenue Court, where Ramphal is claiming to be an absolute owner. Since 2012, January the appellant is waiting for the information,” Acharyulu said.
Tyagi claimed if the file was really missing, it was not an accident but deliberate strategy to deprive him of his ownership share in the land.
“If file was lost inadvertently or for any other reason, nothing could have prevented SDM from inquiring into immediately and taking quick decision to lodge FIR and reconstruct the file,” he said.
Acharyulu said, “Keeping in view the high value of land, and submissions of the officers, the Commission notices that two successive PIOs, of rank of SDM (RDM), having executive powers, were not performing their statutory duties both capacity as SDM and also as PIO.”
“The Commission observed that PIOs are using the ‘defence’ of ‘missing file’ repeatedly to deny the information. Neither RTI Act nor the Public Records Act provided for this defence of ‘missing of file’.
“The core function of revenue department is to secure and maintain the key records regarding land to ascertain the ownership and possession issues,” he said.
The Commissioner said if such important orders or records of land revenue are missing it will be difficult to ascertain and defend the right of ownership or possession of the land.
“Surprisingly in this case the Revenue Trial Court is claiming that a key file is missing. It will have a very serious impact not only on land disputes but also of law and order issues. The appellant says he needs this information to counter the contention made by his adversaries. By denial of this, he is being prevented from realising his legal right to his father’s land,” he said.
Acharyulu said First Appellate Authority ordered Chand on December 19, 2012 to trace the file. If file is not traceable, he was asked to lodge FIR with police station.
“The order was with him since December 19, 2012 to October 31, 2014, which means he had one year and ten months at his disposal to either trace file or file an FIR, which he did not chose to do,” he pointed out. (PTI)
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