role of right to information in land resources
TRANSCRIPT
1
ROLE OF RIGHT TO
INFORMATION IN LAND
RESOURCES
BY YOGESH PAL
B.A.LLB (HONS), 8TH Semester
UNIVERSITY INSTITUTE OF LAW AND MANAGEMENT
2
TABLE OF CONTENTS-
CONCEPT OF RTI .............................................................................................................................. 4
Concept of Land Resources ................................................................................................................. 6
Land Resources- ...................................................................................................................... 6
Land as a resource - ................................................................................................................ 7
Relation between R.T.I and Land Resources- ................................................................................... 8
Commission Under Right to Information Act, 2005- ............................................................................ 9
Whether Land Record is Personal or public document- ................................................................ 10
R.T.I and Land Dispute- .................................................................................................................... 11
Chiefly, the land disputes cases are of the following types: ............................................................................................... 11
#1. Fake land registration .................................................................................................... 11
Using RTI to know about the owner(s) of a particular property as of a prior date: ................................................ 13
Success Story/ Feed Back of R.T.I Act.............................................................................................. 13
Partial list of Adarsh flat owners- ..................................................................................................... 15
Annual Report of State Commissions- ............................................................................................. 16
Legal Provision of Annual Report for Commissions .......................................................... 17
Annual Report of Himachal Pradesh (1 April 2013 to 31 March 2014) .......................... 17
Annual Report of Jammu and Kashmir (2013-2014) ........................................................ 18
10th Annual Report of Meghalaya 2015 .............................................................................. 20
First Annual Report of Arunachal Pradesh 2006- 2007 .................................................... 22
Annual Report of Assam 2015-216 ...................................................................................... 22
Annual Report of Mizoram 2015-2016 ................................................................................ 24
Annual Report of Haryana 1 Jan to 31 Dec, 2012 .............................................................. 28
9th Annual Report of Tripura (2013-2014) .......................................................................... 31
Annual Report of Punjab 2011 ............................................................................................. 35
Annual Report of Gujarat 2015-2016 .................................................................................. 36
Annual Report of Tamil Nadu 2012..................................................................................... 38
Annual Report of Sikkim 2015 ............................................................................................. 42
Annual Report of Rajasthan 2014-2015 .............................................................................. 44
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Annual Report of Karnataka 2014-2015 ............................................................................. 45
Annual Report of West Bengal 2015 .................................................................................... 48
Annual Report of Odisha 2012-2013.................................................................................... 49
Annual Report Uttrakhand 2013-2014 ................................................................................ 51
Annual Report of Andhra Pradesh 2013 ............................................................................. 52
Annual Report of Central Information Commission 2015-2016-................................................... 55
Digitalization of Land Record Programme and R.T.I- ................................................................... 56
KARNATAKA – Digitalization Of Land Record Programme....................................................... 57
HARYANA - Digitalization Of Land Record Programme ............................................................. 58
CONCLUSION- .................................................................................................................................. 62
Suggestions- ......................................................................................................................................... 63
Reference- ............................................................................................................................................ 65
Cases- ................................................................................................................................................... 66
4
ROLE OF RTI IN LAND RESOURCES
CONCEPT OF RTI-
Real Swaraj will come not by the acquisition of authority by a few but by the
acquisition of capacity to resist authority when abused.
- Mahatma Gandhi
It’s said that power corrupts person but it is more true that power attracts
corruption. No law or ordinance is mightier than understanding. We need to learn
and understand the concept as we know that our country has 3 main authorities on
which all the system is depends i.e. Legislation, Execution and last is Judiciary and
all the step is taken by these authorities so to create a transparency in the system it
is necessary to provide a right or a tool in the hand of public which creates a trust
in the mind of public about the functioning of government, so that why the concept
of Right to Information was raised.
It comes into force on the 12th October, 2005 (120th day of its enactment on 15th
June, 2005). Some provisions have come into force with immediate effect viz.
obligations of public authorities, designation of Public Information Officers and
Assistant Public Information Officers and constitution of Central Information
Commission, constitution of State Information Commission, non-applicability of
the Act to Intelligence and Security Organizations and power to make rules to
carry out the provisions of the Act
As we know our country is independent democratic country so it’s a right of all
citizen to take all the information and knowledge about the working of
government.
5
Under our constitution several rights and liability of person is described and for
state vice versa. Under article 19 (1) (a) enshrined a right of freedom of speech and
expression. The purpose of this right is to providing a good mean for obtaining an
information because without knowing anything person cannot express his view so
at some extent we can say R.T.I is a part of Fundamental Right even there are
several case law on them.
In a leading case State of Uttar Pradesh Vs. Raj Narain1 where an Indian citizen
had asked for the disclosure of the Government official’s information kept as ‘Blue
book’ in respect to the rules and instructions of the protection of Prime Minister
while travelling. This judgment was the first land mark judgment of the honorable
Supreme Court of India where the right to know for the Citizen was established
and it was made clear that the concerned right is co- related with and arising from
the fundamental right of freedom of speech and expression guaranteed under the
Constitution of India. As such it is clear that the said right to information is derived
from the concept of Freedom of Speech, however, the said right is also not
absolute as in this connection also reasonable restrictions are applicable.
1 A.I.R. 1975 S.C. 865
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CONCEPT OF LAND RESOURCES
LAND RESOURCES2-
Mainly Land resources mean the resources available from the land, thus the
agricultural land which contain natural fertilizer for growth of the products sown;
the underground water, the various minerals like coal, bauxite, gold and other raw
materials.
The more a country is able to locate and use the raw materials, the more the
industrialization of that country, area etc.
Land resource refers to the land available for exploitation, like nonagricultural
lands for buildings, developing townships etc.
Land resources (natural resources) (economically referred to as land or raw
materials) occur naturally within environments that exist relatively undisturbed by
mankind, in a natural form.
A natural resource is often characterized by amounts of biodiversity existent in
various ecosystems.
Natural resources are derived from the environment. Many of them are
essential for our survival while others are used for satisfying our wants.
Natural resources may be further classified in different ways.
2 https://landresourcesanalysis.wordpress.com/2011/07/05/what-is-land-resource/
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Underground geological resources (oil, gas, ores, precious metals), and
Deeper geohydrology resources that normally bear no relation to the surface
topography such as confined aquifers, are excluded from the group of
components of the natural land unit, although it is recognized that some
countries consider them as part of individual land ownership (and hence with
rights to exploit or sell them).
LAND AS A RESOURCE -
Natural resources, in the context of “land” as defined above, are taken to be those
components of land units that are of direct economic use for human population
groups living in the area, or expected to move into the area: near-surface climatic
conditions; soil and terrain conditions; freshwater conditions; and vegetational and
animal conditions in so far as they provide produce. To a large degree, these
resources can be quantified in economic terms. This can be done irrespective of
their location (intrinsic value) or in relation to their proximity to human settlements
(situational value).
Environmental resources are taken to be those components of the land that have
an intrinsic value of their own, or are of value for the longer-term sustainability of
the use of the land by human populations, either in loco or regional and global.
They include biodiversity of plant and animal populations; scenic, educational or
research value of landscapes; protective value of vegetation in relation to soil and
water resources either in loco or downstream; the functions of the vegetation as a
regulator of the local and regional climate and of the composition of the
atmosphere; water and soil conditions as regulators of nutrient cycles (C, N. P. K,
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S), as influencing human health and as a long-term buffer against extreme weather
events; occurrence of vectors of human or animal diseases (mosquitoes, tsetse flies,
black flies, etc.).
Environmental resources are to a large degree “non-tangible” in strictly economic
terms
Land is a major resource for agricultural development worldwide.
The components of the natural land unit can be termed land resources,
including physical, bionic, environmental, infrastructural, social and economic
components, in as much as they are fixed to the land unit.
Land, a critically important national resource, supports all living organisms
including plants as well as every primary production system such as roads,
industries, communication and storage for surface and ground water, among
others.
RELATION BETWEEN R.T.I AND LAND RESOURCES-
As earlier we already discussed about the concept of R.T.I and Land Resources. So
according to that Right to Information is a right of every citizen of India and also
work as a tool for public. On the other hand, Land Resources is a natural resource
which is used by the humans for their needs and as defined by the definition that
land resource is for mankind. As we know that today’s every country wants more
development as well as industrialization. Modern era itself defines the
development so to accomplice the purpose several authorities takes disadvantage
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of the land resources by using of their power with bad intention or for their
personal benefit. To solve out these problem R.T.I may use as a tool by the public.
It creates a transparency between the public and administration.
COMMISSION UNDER RIGHT TO INFORMATION ACT, 2005-
Under the Right to Information Act, 2005 there are two type of commission. These
are-
1. Central Information Commission
2. State Information Commission (For Each State)
These commissions are established by appropriate government. Central
Information Commission under section 12 of the act and in case of State
Information Commission the establishment of this commission is provided under
section 15 of the act.
Purpose of these commissions
These commissions are established by the appropriate government for the purpose
to deal with request of information, complain of application and also for appeal.
Soto deal with any subject matter of information like with respect of land resources
these commissions will be deals with such matter. In case of state’s land resource
information then state information commission will be authority to give
information and in case of subject matter of center then central information
commission will be consider as authority.
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WHETHER LAND RECORD IS PERSONAL OR PUBLIC
DOCUMENT-
Mrsurender Pal Singh vs Gnctddelhi,3in this case the contention was that Land
records, describing boundaries, ownership and extent of possession, are public
records which cannot be treated as personal information, the Central Information
Commission has held, directing the Delhi government to consider writing them on
the walls of villages.
Information Commissioner Sridhar Acharyulu said records with names of different
owners giving details of boundaries, and the extent of land owned or possessed by
the public authority, is neither private information nor third party information.
Delhi government officials had claimed that property details of other persons from
land records of the village cannot be given under the RTI Act as the law allows
withholding personal information from disclosure.
Rejecting the argument, Acharyulusaid, “The land is open and transaction of
change of ownership of a particular piece of land is registered with Registrar for
being recorded as admissible evidence of that ownership for public to know."
"Registration is notification to society and evidence of the transaction and not an
affair to be kept secret. If the argument of PIO (public information officer) is
accepted the registration of transactions of sale and mortgage would never be
available to people in general. That will defeat the purpose of recording the
transaction at all," the Information Commissioner said.
3CIC/SA/A/2014/000462
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R.T.I AND LAND DISPUTE4-
A land dispute can occur due to many different scenarios and for most parts RTI
may be applicable.
Such cases can be fraud in the registration of the property which initially
belonged to someone else or dispute over the area of the property between two
parties.
CHIEFLY, THE LAND DISPUTES CASES ARE OF THE FOLLOWING
TYPES:
#1. FAKE LAND REGISTRATION
A situation might arise in which your registered land might belong to some other
person initially, or somebody might claim that the registered land belonged to
him. Chances are there could be person(s) trying to sell you a land without proper
authority or permission/authority from the actual owners. This could land you in
trouble.
Whatever the scenario, you can use RTI to know the facts about the land’s
registration and also know the rightful owners.
The authority which maintains land and property related records is a public
authority and comes under the ambit of RTI.
4 http://blog.onlinerti.com/2017/02/02/is-rti-useful-in-case-of-land-and-property-disputes/
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By Section 2(f) of the RTI act, it can be used to obtain various ownership
related documents of the property. The information can then be used to
substantiate your case. You can also seek redressal of your grievance at an
appropriate forum.
#2. Land dispute
In the case of land dispute RTI can help out. Chances are the land you are about
to buy is under litigation and you are not aware of it, or someone else has claimed
the land and thus resulted in a dispute. As the authorities maintaining land records
is a public authority, such information can be obtained via RTI application. The
information relating to the land records in terms of measurements, area,ownership
can be obtained. You could also get details about the instances where surveys
and measurements were conducted by the authorities.
The status of your requests for obtaining measurements as well as the reasons for
the delay in inspection could also be obtained. By Section 2(f) of the RTI Act,
copies of the relevant documents and records could also be obtained.
#3. Encumbrance certificate
The encumbrance certificate is a mandatory document used in property
transactions as an evidence of free title/ownership. And encumbrance certificate
(EC) ensures that there is a complete ownership of the property without any
monetary or legal liability.
This copy encumbrance certificate of the property can be obtainedunder RTI act.
As mentioned above, again since the authority dealing with land records is a
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public authority, as per Section 2 (f) of the RTI Act, certified copies of relevant
documents and records could also be obtained.
USING RTI TO KNOW ABOUT THE OWNER(S) OF A PARTICULAR PROPERTY AS
OF A PRIOR DATE:
As seen above, the copies of the documents relating to the property can be easily
obtained by filing an RTI. Various details like the previous owners or documents
relating to ownership, dimensions of the land or any other relevant details could
also be obtained.
SUCCESS STORY/ FEED BACK OF R.T.I ACT
Over the past six years, the Right-to-Information Act has emerged as a powerful
tool for India’s civil society to promote transparency and hold those in power
accountable. The law, which allows Indian citizens to seek information from most
government bodies, was first implemented in October 2005.
To mark the sixth anniversary of the RTI Act, India Real Time presents a list of
some the most successful RTI cases.
Adarash Cop-Op. Hsg. Soc.Ltd., vs Union Of India And Ors 5
This case is leading and one of the important case of R.T.I.
5 WRIT PETITION NO.369 OF 2011
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Fact of the case are-:
Adarsh Housing Society, a 31-storey upscale residential complex in Colaba,
Mumbai, should have originally housed war heroes and war widows who lost their
spouses during the 1999 Kargil War. But the occupants of the apartment complex
built on defense land ended up being bureaucrats and relatives of politicians who
were in no way connected with the Kargil war.
Though the issue has been brewing since 2003, media scrutiny over the high-
profile list of owners began in 2010, prompting the Army and CBI to launch
separate probes. The CAG too submitted a report on the scandal. What, at first,
appeared as a misuse of granted land, turned murkier as the revelations of the
probe grew. It was found that the Navy had objected to the Maharashtra
government according permission for Occupation Certificates citing “serious
security concerns” as the 100-metre tall building stood next to a planned helipad
and military installations. It was also found that the society didn’t obtain a
NOC from the Ministry of Environment and Forests, and above all the society had
permission to build only six floors.
Details obtained through RTI said Mr. Chavan approved the sale of 40 per cent of
the houses to civilians. ( Flats given to civilians at Chavan's behest: lawyer ) RTI
documents revealed that the children of several bureaucrats involved in granting
permission to the society owned a flat.
Order of Bombay High Court
When the case came before the Bombay High Court, a shocked Bench called it “a
clear-cut manipulation by the Collectorate, the Revenue Ministry and the Urban
Development Ministry,” pointing out that “everyone who cleared the file was
gifted with a flat.” Mr. Chavan’s successor Prithviraj Chavan ordered a judicial
15
inquiry into the scandal . As the inquiry was underway, several documents and
files pertaining to the scam went missing. This prompted the Bombay High Court’s
intervention, which ordered protection to the files and sought periodical status
reports from the CBI.
Several occupants, including Admiral Madhavendra Singh, former Chief of the
Naval Staff, General Nirmal Chander Vij, former Chief of Army; General Deepak
Kapoor, former Chief of Army, offered to return their flats.
The Bombay High Court has ordered demolition of the building for violating
green norms. It has also granted 12-weeks interim stay heeding to the plea of
Adarsh occupants.
PARTIAL LIST OF ADARSH FLAT OWNERS-
Admiral Madhavendra Singh, former Chief of the Naval Staff
General Nirmal Chander Vij, former Chief of Army
General Deepak Kapoor, former Chief of Army
All the three have surrendered their flats after the scam surfaced
The bureaucrats whose children own flats in the Adarsh:
Jairaj Phatak, chairperson of the Rural Electrification Corporation
Ramanand Tiwari, former Secretary, Urban Development
D. K. Shankaran, former Chief Secretary
C.S. Sangitrao, IAS
S.C. Deshmukh, former Collector, Pune
P.V. Deshmukh, formerly with the Urban Development Department
Uttam Khobragade, Secretary, Tribal Development
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Subhash Lalla, Former member of Maharashtra State Human Rights
Commission
Politicians
Former Chief Minister Ashok Chavan's family owned three flats.
Railway Minister Suresh Prabhu
NCP leader Jitendra Avhad
Former Congress MLC Kanhaiyalal Gidwani and his two sons
Congress leader Babasaheb Kupekar
BJP leader Ajay Sancheti
R.C. Thakur
Jayant Shah
Bureaucrats
Seema Vyas, IAS officer and wife of pradeep Vyas, Former Collector,
Mumbai,
Idzes Kundan, Deputy Secretary and former Collector, Mumbai city, also
own flats.
ANNUAL REPORT OF STATE COMMISSIONS-
Under the Right to Information Act 2005, for the purpose of control over
authority and for appeal each state has its own information commission that is
State Information Commission (SIC).
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LEGAL PROVISION OF ANNUAL REPORT FOR COMMISSIONS
According to Section 25 (2) of the R.T.I. Act 2005, each Ministry or Department
shall in relation to the public authorities within their Jurisdiction collect and
provide such information to the Central Information or State Information
Commission as the case may be, as is required to prepare the report under the
section and comply with the requirements concerning the furnishing of that
information and keeping of records for the purpose of this Section.
The Commission observes that inspite of the above legal provisions there were
many Government Departments who are still hesitant to comply with the
direction of the Commission.
Each State Information Commission has its own site where all the data,
information, notification are mentioned. So here I am giving some data report
regarding land disputes of several states. These are the followings; -
ANNUAL REPORT OF HIMACHAL PRADESH (1 APRIL 2013 TO 31 MARCH 2014) 6
Name of
Authority
No. of
application
Reject 1st
Appeal
Appeal
to SIC
Compensation Fees of
application
Land
Record
291 -------- --------- --------- ----------------- 1405
Total no. of request made by person is 291 and total Fees received by the
authority is RS. 1405 but no record is available for pending of case, rejection of
case and appeal of case.
6 http://hp.gov.in/sic/UI/citizen/download_forms.aspx?cat=6
18
Total of 110 public authorities which submitted the annual reports during the
year, 18 public authorities of them received more than 1000 applications, 10 of
them received 501 to 1000 applications, 25 of them received 101 to 500
applications and the remaining 57 public authorities received less than 100
applications. Eighteen public authorities namely the HP Judiciary, DC Offices
Bilaspur, Hamirpur, Kangra, Mandi, Shimla, Solan, Una, Elementary Education
Department, Police Department, Public Works Department, Rural Development
Department &Panchayati Raj Department, Urban Development Department,
HPSEBL, Forest Department, Industries Department, MC Shimla, HP University,
Shimla received more than 1000 applications during the year. It has been
observed that a total of 61,889 applications out of 63,722 applications i.e.
approximately 97 percent of the total applications were received by 53 public
authorities. The remaining 57 public authorities received approximately 3 percent
of the total applications. Further, a fee of `14,98,202/- has been collected by
various public authorities during the same period.
ANNUAL REPORT OF JAMMU AND KASHMIR (2013-2014)7
Scenario of j&k
Several cases of illegal mutations of land were got cancelled after invoking right
to information. A case of During militancy in the J&K State, a section of society
had to migrate from valley and all religious places fell vacant without any proper
security. Certain religious premises were unauthorized occupied by land
grabbers. One of the prominent temples at Srinagar administered by Dharmarth
Trust was got vacated only because of intervention of J&K State Information
Commission. Individual migrant properties illegally occupied by land grabbers in
7 http://jksic.nic.in/Annual%20Report%202013-14%20.pdf
19
their absence were got vacated and handed over to the local Panchayat heads for
restoration to the legal owners.
Annexure - A
Name of Department
public authorities
No.
of
reque
st to
P.A
Rejected
Applicati
on
Fees
Collecti
on
No. of 1st Appeal Appe
al to
SIC
No. of
recevide
d
No. of
dispose
d
Settlement
Commissioner/Commissi
oner Survey and Land
Records
29 0 290 16 16 0
Director land record
jammu 28 0 340 0 0 0
Survey & land record jk 86 0 860 21 21 0
Regional director survey
& land record jammu 28 ----------- 50 --------- -------- -------
Regional director survey
& land record, SGR 27 0 270 0 0 0
Regional director survey
& land record, Udhampur Nil Nil Nil Nil Nil Nil
Regional director survey
& land record, doda Nil Nil Nil Nil Nil Nil
Regional director survey
& land record, rajouri Nil Nil Nil Nil Nil Nil
Regional director survey
& land record, anantnag 2 0 20 2 2 0
Regional director survey
& land record, baramulla Nil Nil Nil Nil Nil Nil
20
10TH ANNUAL REPORT OF MEGHALAYA 20158
Disposal of Information requests by the Public Information Officers
Section 25 (3) (a)
During the year 2015 a total number of 2653 requests were received by the Public
Information Officers of those public authorities who have so far furnished their
reports. The number of requests carried over from the previous year were 10,
hence the total number of requests available with the PIOs for disposal were
2663. Out of these, 2601 requests were disposed off by the PIOs during the year
which is about 90%. The remaining requests were carried over to the next year
for disposal. The total number of requests rejected and deemed to have refused by
the PIOs were 75 which is approximately about 3% from the total number of
requests received by the PIOs.
Disposal of Information Requests by Public Information Officers/Public
Authorities Reporting Year: 2015
Name of
department
No. of
request
pending
No. of
request
received
Total no.
of
request
No. of
request
disposed
No. of
request
rejected
Request
deemed
to
refused
u/s-7(2)
% of cases
access to
information
denied
Dte.Land
record &
survey
Nil 3 3 3 Nil Nil Nil
8 http://megsic.gov.in/annualreport/Annual_Report-2015.pdf
21
Disposal of First Appeals by the Departmental Appellate Authorities
Reporting Year: 2015
Name of
department
No. of 1st
appeal
pending
to P.A
No. of 1st
appeal
preferred
to P.A
during
year
Total no.
of appeal
to
Appellate
authority
No. of 1st
appeal
disposed
No. of 1st
appeal
rejected
% of 1st
appeal
rejected
No. of 1st
appeal
pending
for more
than 45
days
Dte.Land
record &
survey
Nil Nil Nil Nil Nil Nil Nil
Information Requests rejected by the PIO/Public Authorities:
Section 7 (1) empowers the Public Information Officer to reject the request for
information for any of the reasons specified under section 8 and 9 of the Right to
Information Act, 2005.
Information Requests rejected by the PIOs/Public authorities: Reporting Year:
2015
# No Request was rejected by the PIO in the year of 2015
Amount of fees & other charges collected by each Public authority:
A total amount of ` 132713/- was collected by the PIOs/Public authorities in the
form of fees and charges during the year 2015. Out of this an amount of `
19,659/- was collected under Section 4(4) of the Act, being the cost of the printed
materials in which form the information was provided. ` 41,453/- was the
application fee collected under Section 6(1) of the Act. An amount of ` 36,409/-
was collected under Section 7(1) being the cost of the photo copies made. An
amount of ` 3,857/- was collected under section 7(5) being the cost of information
provided in Electronic format. An amount of ` 31,335/- was the miscellaneous
charges collected by the Public Information Officers and the Public Authorities.
22
# The Fee collected by the Department of Land Record and Survey was Nil as
per the record.
FIRST ANNUAL REPORT OF ARUNACHAL PRADESH 2006- 2007
Name of the
Department
No. of
request
received
No. of
application
rejected
No. of
appeal
to SIC
No. of
Disciplinary
action
against
authority
Total
fees
collected
Efforts made
by police
authority for
implementation
of act
Suitable
suggestion
for reform
of act
C.Lounchat,DFO
Lohit Wasteland
Div. Namsai
Nil Nil Nil Nil Nil Nil Nil
ANNUAL REPORT OF ASSAM 2015-2169
In Assam a large number of RTI applications are filed to seek information on
public distribution system, Panchayat and Rural Development, flood damage,
Gram Panchayat level Co-operative Societies, land records and land disputes,
allotment of Govt. contracts or supply of work orders, education – mainly
regularization of the services of primary school teachers, roads, agriculture,
power, public health sanitation, other civic amenities and delayed payment of
retirement benefits
Name of Department No. of public Authority No. of public information
officer designated
Mines and Mineral 6 4 Revenue, and Disaster
Management 5 4
9 http://www.cicsikkim.gov.in/
23
Number of RTI application received and disposed by State Public
Information Officers under various Public Authorities.
Name of
Department
Pending
request at the
beginning of
year(1-4-15)
No. of
request
received
Total no. of
request
No. of
request
disposed off
Request
pending at
the end of
year(31-6-16
Mines and
Minerals
0 40 40 40 0
Revenue and
Disaster
management
0 184 184 184 0
Number of Applications rejected-
Name of
Department
No. of
request
rejected u/s-8
No. of
request
rejected u/s-9
No. of
request
rejected u/s-
11
No. of
request
rejected u/s-
24
Total no. of
request
rejected
Mines and
Minerals
0 0 0 0 0
Revenue and
Disaster
management
2 0 0 0 2
Number of First Appeal Petitions received and disposed by First Appellate
Authorities.
Name of
Department
Ist appeal
pending with
FAAs at the
beginning of
year(1-4-15)
No. of 1st
appeal
received
during year
Total no. of
1st appeal to
appellate
authority
No. of 1st
appeal
disposed by
appellate
authority
1st appeal
pending with
FAAs at the
end of
year(31-3-15)
Mines and
Minerals
0 3 3 3 0
Revenue and
Disaster mng.
0 13 13 13 0
A total of 2989 First Appeals were filed before the First Appellate Authorities
(FFAs) during the period of report. Out of 3081 First Appeal cases including the
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arrear of the Previous year pending with various First Appellate Authorities.
Total 2814 numbers of First Appeals were disposed of during the year 2015-16,
the rate of disposal being 91.33%.
Summary of fees collected by the Public Authorities during the year
Name of Department Amount Collected in RS
Mines and Minerals 240.00
Revenue and Disaster Management 3048.00
ANNUAL REPORT OF MIZORAM 2015-201610
ANNEXURE – 1
Implementation of the provision of Section 4 of RTI Act 2005
(Compiled as per report received from public authority during the reported year)
Name of
Department
Section 4(1)A Section 4(1)B Section 4(2) Section 4(3) Section 4(4)
Land
Revenue &
settlement
dept.
Yes Yes Yes Yes Yes
Land
Revenue &
settlement
Yes Yes Yes Yes Yes
10 https://mic.mizoram.gov.in/
25
ANNEXURE – 2
Implementation of the provision of Section 5 of RTI Act 2005
(Compiled as per report received from public authority during the reported year)
Name of the
public Authority
No. of SPIO’s No. of SAPIO’s No. of DAA’s Whether any
assistance of any
officer has been
sought by SPIO
Land Revenue &
Settlement dept.
1 1 1 NIL
Land Revenue &
Settlement
1 1 NIL NIL
ANNEXURE – 3
Implementation of the provision of Section 6 of RTI Act 2005
(Compiled as per report received from public authority during the reported year)
Name of Public
Authority
No. of application
received
No. of applicants
assisted by SPIO to
reduce an application
in writing u/s-6(1)b
No. of application
referred to another
PA/office for
providing
information.
Land Revenue &
Settlement dept.
28 NIL NIL
Land Revenue &
Settlement
404 NIL NIL
26
ANNEXURE – 4
Implementation of the provision of Section 7 of RTI Act 2005
(Compiled as per report received from public authority during the reported year)
Name of
Public
Authority
Application
disposed with
in prescribed
time limit
No. of
application
rejected
No. of
application
received
concerning
life and
liberty
No. of
application
failing to
make
payment
No. of
B.P.L
applicants
No. of
sensorial
disabled
applicants
Applicatio
n
involving
third party
Land
Revenue &
Settlement
Deptt.
19 NIL NIL NIL NIL NIL NIL
Land
Revenue &
Settlement
NIL NIL NIL NIL NIL NIL NIL
ANNEXURE – 5
Implementation of the provision of Section 7 of RTI Act 2005
(Compiled as per report received from public authority during the reported year)
Name of public
authority
No. of application
denied information
u/s-8
No. of application
given information
u/s-8 on the ground of
larger public interest
No. of application
rejected u/s-9
Land Revenue &
Settlement Deptt
1 NIL NIL
Land Revenue &
Settlement
NIL NIL NIL
27
ANNEXURE – 6
Implementation of the provision of Section 7 of RTI Act 2005
(Compiled as per report received from public authority during the reported year)
Name of
public
authority
Appeals
filed
before
DAA
against
action
of SPIO
No. of
1st
appeal
decided
by
DAA
within
45 days
No. of
1st
appeal
rejected
No. of
1st
appeal
allowed
No. of
2nd
appeal
preferred
against
1st
appellate
authority
before
mic
No. of
2nd
appeal
decided
by mic
No. of
appeal
admitted
by mic
In how many
cases
commission
make
recommendation
and action taken
therefore
Land
Revenue
&
Settlement
Deptt.
NIL NIL NIL NIL NIL NIL NIL NIL
Land
Revenue
&
Settlement
NIL NIL NIL NIL NIL NIL NIL NIL
28
ANNUAL REPORT OF HARYANA 1 JAN TO 31 DEC, 201211
REGISTER OF REQUESTS FOR INFORMATION & DISPOSAL OF
REQUESTS UNDER RTI ACT, 2005
Name of
Public
Authority
No. of
request
received
No. of
request
rejected
Any
disciplinary
action
taken
against
authority
for
violating of
rti act
Amount of
charges
collected
Factual
report of
efforts
made by
the Public
Authorities
to
implement
the act
Any
recommendation
received for to
amend, reform
the act. u/s-
6(1)
u/s-
7(3)
Land record
director
46 ---------- -------------- 1450 55 ------------- -------------------
Land
Reclamation
& Dev.
Corpn. Ltd.
(HLRDC)
(Chairman)
13 ---------- -------------- 650 339 ------------- --------------------
DETAILS OF PENALTY IMPOSED UPON THE STATE PUBLIC
INFORMATION OFFICER UNDER SECTION 20(1) OF THE RTI Act,
2005 by the Commission. During 1.1.2012 to 31.12.2012
Case no. Date of decision Amount
of penalty
imposed
Detail of defaulter SPIO Name & address
of the public
authority
760/2011 in
425/2011 in
1487/2011
1.2.2012 25,000/- Sh. Maya Chand Vs Sh.
Ram Avtar Gupta the then
District Revenue Officer-
cumSPIO, Rohtak (now
Land Acquisition Officer,
HUDA, Gurgaon)
District revenue
officer rohtak
74/2012 in
854/2011 in
2630/11
19.3.2012 10,000/- Sh. Bhim Singh Vs Sh.
ArvindMalhan, the then
SPIO-cum-Estate Officer,
HUDA & Land Acquisition
The Chief
Administrator,
Haryana Urban
Developmet
11 http://cicharyana.gov.in/
29
Officer, Faridabad now
posted as Additional Deputy
Commissioner, Jind.
Authority, Sec-6,
Panchkula
55/2012 in
3866/2011
26.3.2012 10,000/- Sh. Shakti Chand Vs Land
Acquisition Officer, PKL
SPIO-cum-Land
Acquisition
Officer, Urban
Estate, Haryana,
Panchkula.
340 &
646/2012 in
complaint
case no.
134/201
6.11.2012 15000/- Sh. Ranjeet S. Chawla Vs
Sh. SatishBhardwaj , the
then SPIO , as District
Revenue Officer, Ambala
imposed penalty on 10000/-
and Sh. M. S . Sangwan
SPIO as Land Acquisition
Officer, Panchkula imposed
penalty on 5000/-
The Chief
Administrator,
Haryana Urban
Development
Authority,
Sector-6,
Panchkula
630 and
148/2012 in
complaint
case no.
337/2011
30.11.2012 10.000/- Sh. Sant Singh Vs Land
Acquisition Officer,
Panchkula. (5,000 by SPIO
Sh. SatishBhardwaj now
posted as District Revenue
Officer , Ambala and 5000/-
by SPIO-cum- Land
Acquisition Officer,
Panchkula)
The Chief
Administrator,
Haryana Urban
Development
Authority,
Sector-6,
Panchkul
Annexure-‘E’
List of cases in which recommendations were made to initiate Disciplinary
Proceedings by the Commission. During 1.1.2012 to 31.12.2012
Case no. Particular of case Date of decision No. of defaulter
employees
Name of public
authority
1348/2012 Sh. Rajesh Sharma,
Advocate VS Land
Acquisition Officer,
Gurgaon.
16/4/2012 2 Additional Director
(Urban Estate )
Haryana,
Panchkula.
30
Annexure-‘F’
DETAILS OF THE COMPENSATION AWARDED TO THE
APPELLANTS/COMPLAINANTS UNDER SECTION 19(8) (B) OF THE
R.T.I ACT
Case no. Date of
decision
Amount of
compensation
Details of parties
823/2011 in
3340/2011
2.2.2012 2000/- Sh. Ravinder Nath Vs Land Acquisition
Officer, Urban Estate, Haryana, PKL
Complain case
no 89/2012 in
case no
4162/201
25.05.2012 5000/- Sh.Sandeep Panwar Vs Land Acquistion
Officer, Panchkula
23/2012,
79/2012,1
52/2012,
SCN=714/
2011 in Appeal
Case NO.1181
3.7.2012 2500/- Major Mahabir Prasad Vs District Town
Planner and Land Acquisition Officer,
Gurgaon
1832/2012 6.7.2012 500/- Sh. Rajesh Sharma VS Land Acquisition
Officer, Panchkula.
1907/2012 17.7.2012 1000/- Sh. Malkiat Singh Vs Land Acquisition
Officer, Panchkula
148/2012 in
Complaint
Case
No.337/20 11
19.7.2012 10,000/- Sh. Sant Singh Advocate Vs Land
Acquisition Officer, Panchkula
170/2012 in
case no.
1153/2012
29.3.2012 2000/- Sh. Ashok Kumar Loomba Vs Land
Acquistion Officer, Sector-8, Panchkula
3129/2012 20.12.2012 1000/- Smt. Janak Devi Vs Land Acquistion
Officer, Sector-14, Panchkula
31
9TH ANNUAL REPORT OF TRIPURA (2013-2014)12
Disposal of request for information by the SPIOs during the period under
report:
Status of disposal of the requests for information by the State Public Information
Officers based on the Annual Reports furnished by the different Departments
stands as under (2013-14) :-
Name of the
department
No. of request
received
No. of request
disposed
No. of request
rejected
No. of request
allowed
No. of request
pending
Revenue
department
19 19 NIL 19 NIL
# Data about category-wise information was also analysed by the Commission.
The broad categories for which data was categorised are service related
information, project related information, Government Scheme related information,
information relating to examinations, information relating to delivery of services,
information relating land related issues and information on recruitment related
issues and other information. The data is presented in below table:-
Classification of Information sought by the petitioners Information Seekers
Name
of
Dept.
Service
related
info.
Project
related
info.
Gov.
scheme
related
info.
Gov.
policy
related
info.
Examination
related info.
On
delivery
of service
by gov.
departme
nt
Land
related
issue
Recruit
ment
related
issue
Other
issue
Land
revenue
1 NIL 1 NIL NIL NIL 1 NIL 16
12 http://rtitripura.nic.in/
32
Office
of
Chief
Conser
vator of
forest
64 9 19 19 NIL NIL 4 24 NIL
There are other 43 department but that department does not deal with land regarding dispute
which is our topic so that why I am not including those department.
Status of Application Received under R.T.I Act from 2006-2014 by Revenue
Department
YEAR
PETITION REQUESTING FOR INFORMATION RECEIVED
PETITION ALLOWED
PETITION REJECTED
PETITION REQUESTING FOR INFORMATION SETTLED & INFORMATION PROVIDED
PETITIONS PENDING
2006-2007 36 36 0 36 0
2007-2008 27 25 2 25 0
2008-2009 116 116 0 116 0
2009-2010 9 9 0 9 0
2010-2011 37 37 0 37 0
2011-2012 230 230 0 230 0
2012-2013 270 270 0 270 0
2013-2014 19 19 0 19 0
33
Application Received by Revenue Department Under R.T.I Act from 2006-
2014
The commission has closely examined the status in respect of five department of
the government having large public interface. A comparative analysis of the
position in respect of petitions received under the act and their disposal of these
five major departments are given below.
Number of applications received under the act by five major departments of
the state from 2006-2014
YEAR EDUCATION HEALTH REVENUE URBAN DEV DPTT.
PANCHAYAT
2006-2007 54 36 36 16 16
2007-2008 213 27 27 16 16
2008-2009 270 126 116 43 43
2009-2010 240 9 9 56 56
2010-2011 2061 37 37 93 93
2011-2012 162 230 230 125 125
2012-2013 174 240 270 129 218
2013-2014 178 112 19 6 298
0
50
100
150
200
250
300
Petition requesting forinformation received
Petition allowed
Petition rejected
Petition requesting forinformation settled &information provided
Petition pending
34
Number of applications received under the act by five major departments of
the state from 2006-2014
The status of disposal of request for information by different departments has been
analyzed in the commission. The position in respect of five major departments is as
given below:
Status of applications received under the act status of disposing during 2013-
2014
NAME OF
DEPARTMENT
REQUEST FOR
INFORMATION
INFORMATION
PREOVIDED
REQUEST
PENDING
REVENUE
19
19
0
0
500
1000
1500
2000
2500
Education
Health
Revenue
Urban dev dptt.
Panchayat
35
ANNUAL REPORT OF PUNJAB 201113 Comparative Study of Five major Department
Name of Department No. of cases
Health & Family welfare 939
Home (Police) 1714
Local Government 2356
Rural Development/ Panchayat 1113
Revenue 2005
School Education 2803
Reports received from Departments/ Public Authorities u/s 25 of the RTI Act
Department
name
Request
received
Request
rejected
Reason for rejection Disciplinary
action
against taken
Total penalty
Sec8(1) Section other h J 9 11 24 Revenue,
Rehabilitation
disaster
management
11808 119 2 19 0 5 0 20 25002 180041
13 www.infocommpunjab.com
Health & Family welfare 9%
Home (Police) 16%
Local government 21%
Rural development/Panc
hayat 10%
Revenue 18%
School Education 26%
No. of cases
Health & Family welfare 9%
Home (Police) 16%
Local government 21%
Rural development/Panchayat10%
Revenue 18%
School Education 26%
36
Revenue Report under section 25 received from authorities
Public
Authority
Request
Received
Request reject
ted
Reason for
rejection
Disciplinary
action against
taken
Total penalty
Land revenue 71 0 0 1543
Director land
record,
jalandhar
punjab
653 0 0 28482
Revenue Report regarding Appeals
Designation
of public
authority
Designation of
1st appeal
authority
Previous
balance
Total no.
of 1st
appeal
instituted
No. of
appeals
decided
No. of
appeals
pending
No. of
appeal
rejected
No. of
appeal
accepted
Land
revenue Br.
F.C.R/Secretary/
special
additional
secretary
revenue/ O.S.D
litigation
NIL NIL NIL NIL NIL NIL
ANNUAL REPORT OF GUJARAT 2015-201614
Appeal/complaint received by commission in respect of Land revenue department
in 2015-2016
Department No. of appeal No. of
complaints
Total number Contribution in
percentage
Revenue
Department
1586 45 1631 19.30
According to this data, commission received approx 20% of complaint and appeal
in respect of Land Revenue department out of 100% of complain and appeal.
14 http://gic.gujarat.gov.in/default.aspx
37
Application received by the Department and Appeal in 2015-2016
Department Number of application received
Department Public authority Total number Contribution
in percentage
Revenue Department 1391 33251 34642 22.77
Request was made by the citizens in respect of revenue department was approx
23% of the total request.
Comparative statement showing details of Appeal/Complaints received by
commission during the two last year.
Department Application received
2015-16 2014-15 Difference %age difference
Revenue 1631 1666 -35 -2.10
Rejection of Applications by Department during 2015-2016
Department No. of application received
No. of application rejected
Details of various provision used for rejecting the provision
Section 8 (1) Other sections
A B C D E F G H I J 9 11 24 Other
Revenue 34642 1508 (4.3%) 21 5 12 23 0 18 9 9 8 13 0 72 35 2608
38
ANNUAL REPORT OF TAMIL NADU 201215
ANNEXURE – I
Secretariat Departments / Head of Department /
Public Undertakings / Disposal of applications by Public Information Officers
(As furnished by the Public Authorities)
Department No. of request made
No. of cases where document not given
No. of appeals to S.I.C
Any disciplinary action taken against authority
charges collected (in Rs.)
Public Authorities to administer & implement the Act
Any reform, development, improvement, modernization or amendment to the Act
Sec-25 (3a)
Sec-25 (3b)
Sec-25 (3c)
Sec-25 (3d) Sec-25 (3e)
Sec-25 (3f) Sec-25 (3g)
Revenue Department
Revenue Department, Secretariat
1716
39
---------
------------
1620
-------------
-------------------
Revenue Administration, Disaster Management and Mitigation Department
402
2
1
------------
4020
-------------
------------------
All District Collectorates
95761
3500
1240
---------------
965202
--------------
------------------
Director of Land Reforms
136
-------------
---------
---------------
-----------
Best efforts are being taken
-------------------
Survey and Land
6562
------------
54
---------------
194241
-------------
-------------------
15 http://www.tnsic.gov.in/
39
Records Department
Commissioner of Land Administration
1037
24
8
--------------- 11137
--------------
-------------------
Director of Urban Land Ceiling & Urban Land Tax
200
-----------
---------
--------------
4
--------------
-------------------
ANNEXURE II
Details of request for Information rejected by Public Information Officers
(As furnished by the Public Authorities)
Name of Dept.
No. of request rejected under
Revenue Dept.
Sec 8(1)a
Sec 8(1)b
Sec 8(c)
Sec 8(1)d
Sec 8(1)e
Sec 8(1)f
Sec 8(1)g
Sec 8(1)h
Sec 8(1)I
Sec 8(1)j
Sec 9
Sec 11
Others Total
Revenue Department, Secretariat
------
-------
-----
-------
------
------
------
-------
-------
------
----
----
--------
12
Revenue Administration, Disaster Management and Mitigation Department
-------
-------
-----
------
-------
------
-------
------
-------
------
----
----
--------
------
All District Collectorates.
29
10
4
10
43
18
9
9
9
57
16
115
--------
1179
Director of Land Reforms
------
-------
-----
------
------
------
------
------
-------
------
----
----
--------
------
40
Survey and Land Records Department
-------
-------
-----
7
-------
-------
------
------
13
-------
----
----
--------
4
Commissioner of Land Administration
2
------
-----
------
-------
-------
-------
------
-------
------
----
----
--------
------
Director of Urban Land Ceiling & Urban Land Tax
-------
-------
-----
------
-------
-------
-------
-------
-------
-------
----
----
--------
------
Total
31
10
4
17
43
18
9
9
22
57
16
115
-------
1195
ANNEXURE -IV
Disposal of Information requests by the Public Information Officers
(As furnished by the Public Authorities)
Revenue Department
Name of the Department
No. of PIOs
No. of request pending at the end of year 31.12.2011
No. of request received during the year 2012
Total of request column 3+4
No. of request transferred to other authority
No. of request disposing off to provide information
No. of request rejected
No. of request pending on 31.12.12 column 5-(6+7+8)
1 2 3 4 5 6 7 8 9
Revenue Department, Secretariat
14
-------------
1716
1716
615
1089
12
------------
Revenue Administration, Disaster Management and Mitigation Department
8
-------------
402
402
64
338
----------
------------
41
All District Collectorates
338 7113 95761 102874 22874 74518 1508 3974
Director of Land Reforms.
2 ------------- 136 136 9 127 ---------- ------------
Survey and Land Records Department
76
220
6562
6782
2401
4081
24
276
Commissioner of Land Administration.
5
-------------
1037
1037
-------------
1035
2
------------
Director of Urban Land Ceiling & Urban Land Tax
11
-------------
200
200
-------------
182
----------
18
Total 454 7333 105814 113147 25963 81370 1546 4268
ANNEXURE - V
Disposal of First Appeals by the First Appellate Authorities
(As furnished by the Public Authorities)
Revenue Department
Name of the Department
No. of appealate authority
No. of 1st appeal pending on 31.12.2011
No. of 1st appeal received during the year 2012
Total no. of 1st appeals column (3+4)
No. of 1st appeal disposed of providing information
No. of 1st appeal pending
No. of 1st appeal pending on 31.12.12 column 5-(6+7)
Revenue Department, Secretariat
8
-------------
72
72
55
17
-----------
Revenue Administration, Disaster Management and Mitigation Department
4
-------------
3
3
3
----------
-----------
All District Collectorates.
338 646 9432 10078 9471 129 478
Director of Land Reforms.
2 ------------- ---------- --------- -------------- ---------- -----------
42
Survey and Land Records Department
39
31
237
268
236
4
28
Commissioner of Land Administration
3
------------
5
5
5
----------
-----------
Director of Urban Land Ceiling & Urban Land Tax.
1
------------
-----------
---------
--------------
----------
-----------
Total 395 677 9749 10426 9770 150 506
ANNUAL REPORT OF SIKKIM 201516
Statement of implementation by Public Authorities /PSUs under Section 25(3) of
the Right to Information Act, 2005
Name of depatt.
No. of request received from public authority
No. of requests disposed
No. of pending request
Appeals to SIC
Penalty imposed by SIC
Disciplinary action recommended by SIC
collected 6(1)
Fee collected u/s 7(1) and 7(5)
No. of 1st appeal preferred during year
No. of 1st appeal pending with 1st appellate authority
Land revenue & disaster management
85
83
2
-----------
-----------
-------------------
850
442
NIL
NIL
Mr. Shanti Ram Bahun. Vs. SPIO, Roads & Bridges Department 17
State Public Information Officer, Assistant Public Information Officer (South
West) Sub Division along with the appellant Mr. Shanti Ram Bahun present.
The Commission has been informed that all information’s requested by the
appellant vide his application dated 9/7/2013 is being made available to the
16 http://www.cicsikkim.gov.in/ 17 http://www.cicsikkim.gov.in/annual_reports.aspx
43
appellant which the appellant has also confirmed except the information relating to
Measurement Book which was till date with the Land Revenue & Disaster
Management Department as PMGSRY is the programmed directly implemented
under the supervision of Land Revenue & Disaster Management Department. The
State Public Information Officer has received Measurement Book from the Land
Revenue & Disaster Management Department and he is now in a position to reveal
details of Measurement Book to the appellant. The appellant may if he desires to
see the Measurement Book immediately, the State Public Information Officer may
show the details today itself and provide the details in writing by Thursday i.e.
28/11/2013. The Assistant Public Information Officer, Yang Yang Sub Division
has assured to provide all the information which the appellant has sought for. The
appellant is satisfied with the assurance given to him by the State Public
Information Officer and Assistant Public Information Officer and he has no
objection on the other information’s already provided to him hence this
Commission feels that there is no need to further peruse with regard to section 20
(1) of the Right to Information Act, 2005 against the State Public Information
Officer and Assistant Public Information Officer. The explanations / clarifications
submitted by the Appellate Authority to this Commission vide his letter no.
111/GOS/R&B/GEN/13-14/ACES/W 270 (A) dated 22/11/2013 is found
unsatisfactory. The Appellate Authority on receipt of Appeal Petition is duty
bound to provide opportunity of hearing to the appellants grievances in his office
which is mandatory under section 19 (1) of the Right to Information Act, 2005 but
in the instant case the Appellate Authority has failed to do so with the result
unnecessary harassment and delay of the case have taken place. Personal
appearance of the Appellate Authority before this Commission has not been
directed by the order of this Commission dated 18/11/2013, the written directive of
this Commission is only to ensure proper discharge of his duties and function as
44
the Appellate Authority which he has failed to do so. The Appellate Authority is
further in this regard warned to be more serious and attentive while discharging his
duties as Appellate Authority as contemplated in the Right to Information Act,
2005 so that the appellant should be able to avail his rights as enshrined in the
constitution of India and the Right to Information Act, 2005 without any
difficulties. Meanwhile I request the Head of the Department concerned to issue an
appropriate directives from his office to all the Appellate Authorities as well as the
State Public Information Officers and Assistant Public Information Officers to
dispose of all cases of RTI in accordance with the provisions of the act with due
diligence and judiciously.
This case was generally related to road and bridges and appellant wanted to
information about the measurement of roads and bridges and also about the details
of such activity. This shows about the awareness among the people and that is
possible because of R.T.I.
ANNUAL REPORT OF RAJASTHAN 2014-201518
Application received by Department under the act in 2014-2015
Name of
department
no. of application
received
No. of cases
where
information
Provided
No. of
request
rejected
No. of
pending
application
Collection of
fee in 2014-
2015
Total
no.
District
head
office
level
other Within
time
After
expiry
of
time
Revenue
circle
557 534 23 530 16 10 1 10027
18 http://ric.rajasthan.gov.in/
45
Revenue
department
1166 827 339 1082 56 27 1 16904
Appeal Application before appellate authority 2014-2015
Name of Department No. of 1st appeal Decided appeal Pending appeal
Accepted Rejected
Revenue circle 56 32 14 10
Revenue department 44 44 0 0
ANNUAL REPORT OF KARNATAKA 2014-201519
Department wise total requests Received-Disposed in the State (including
First Appeals) during the Year 2014-15
Name of the Department Total no. of request received Total disposal of case
Revenue Department 200703 194109
19 http://www.kic.gov.in
200703
194109
190000
192000
194000
196000
198000
200000
202000
Revenue Department
Total no. of requestreceived
Total disposal of case
46
Among several departments, Revenue Department received the highest number of
requests for information (2, 00,703). Revenue Department saw an increase of
36.80% respectively.
Department wise number of requests pending at the end of 2014-15
Name of the Department
No. of Pending requests
Revenue Department
5932
A total of 5932 requests were reported pending in Revenue Department in 2014-
2015
Requests for Information filed Under Sec.6 of the RTI Act and their Disposal
by the Public Information Officers
Name of the Department
Requests pending at the beginning of year
No. of requests received
Total no. of requests
No. of requests disposed
Requests pending at the end of year
Revenue Department
12580 179622 192202 186270 5932
Number of requests rejected Under Section 8(1) and on other grounds by the
State Public Information Officers
Name of department
Sec 8(1)a
Sec (1)b
Sec (1)c
Sec (1)d
Sec (1)e
Sec (1)f
Sec (1)g
Sec (1)h
Sec (1)I
Sec (1)j
Other sections
Total
Revenue department
0 0 0 0 30 0 2 0 0 562 48 642
47
Disposal of Appeals by First Appellate Authorities filed under
Sec.19(1) of the Act
Name of the department
1st appeal pending with Appellate authorities at the beginning of year
No. of 1st appeal received by Appellate authorities during the year
Total no. of 1st appeals with Appellate authorities
No. of 1st appeals disposed by Appellate authorities
No. of 1st appeals pending with FAAs
Revenue department
1782 6719 8501 7839 662
Disposal of Complaints by the Commission (department-wise) under section
18(1)
Name of the department
No. of complaints pending at the end of last year
No. of complaints received during the year
Total no. of complaints
No. of complaints disposed
No. of complaints pending
Revenue department
352 644 996 459 537
Disposal of Second Appeals by the Commission (department-wise) under
section 19(3)
Name of the department
No. of second appeals pending at end of last year
No. of second appeals received during the year
Total no. of second appeals
No. of second appeals disposed
No. of second appeals pending
Revenue department
3663 2964 6627 1615 5012
48
ANNUAL REPORT OF WEST BENGAL 201520
Land and Land Reform Department
Name of the authority
No. of cases where access granted
Deemed refusal or rejected
No. of cases where 1st appeal has been made 19(1)
Efforts made by authority to administered or facilitate the act
Within 30 Days
After 30 days
u/s-7(2 ) others Access granted
Denied
SPIO
177
39
37
25
20
1
NIL
DLLRO, birbhum
583
0
0
0
41
0
A special cell has been formed to deal with cases of R.T.I
Presidency division
3
0
0
0
0
0
NIL
DLLRO, jalpaiguri
524
13
0
0
14
0
NIL
LA Collector KOL
231
10
0
0
1
0
Letters have been issued to 72 applicants to provide more relevant information w.r.t schedule of land and rest of the application are being processed.
20 http://wbic.gov.in/
49
ANNUAL REPORT OF ODISHA 2012-201321
Department which received more than 1000 applications
According to mentioned chart Revenue & disaster management had received
highest application then other 11 departments. It shows that people awareness is
increased in respect of land resources and large people are filing an application in
this specific department.
21 http://orissasoochanacommission.nic.in
12415
6021
30232181 1787 1785 1732 1371 1273 1253 1215 1173
0
2000
4000
6000
8000
10000
12000
14000
Received application
Receivedapplication
50
An overview of the Department wise disposal of applications
[Reporting period from 01/04/12 to 31/03/13]
Name of department
Opening balance of Request received under RTI(on 1st April)
No. of request during the year
Total no. of requests column (2+3)
No. of requests on which information provided
No. of requests transferred to other public authorities
Decisions where applications for information rejected
Total disposal column (5+6+7)
% of disposal of the application
Revenue & Disaster management
2204
12415
14619
11024
1296
742
13062
89.35
Data of Appeal and Implementation of RTI by public authorities 2012-2013
(Reporting period from 01/04/2012 to 31/03/2013)
Department
Opening balance of 1st appeal received under RTI(as on 1st April)
No. of 1st appeal received during the year
No. of 1st appeal disposed off
No. of cases where disciplinary action taken against authority
Disclosure made u/s 4(1)b of act
Revenue & Disaster Management
16
185
171
0
Yes
51
ANNUAL REPORT UTTRAKHAND 2013-201422
First five Department who received higher application
Revenue
department
Home
department
Education
department
Forest
department
Urban
development
department
23622 13948 9299 9183 6222
Application received for obtaining information 2013-2014
Name of the Department
Number of Application Received
Revenue Department
23622
Revenue Department is a department who received highest application in this year.
The total number of application received is 23622 which is approx 23% of total
application received by all department.
Second Appeal received by the authority under the RTI act
Name of the Department
Number of Second Appeal
Revenue Department
589
22 http://uic.gov.in/
52
Application received by authorities under the RTI act
Name of the department
No. of application received
No. of disposed application
No. of rejected application
Total no. of 1st appeal
No. of 1st appeal of disposed off application
No. of 1st appeal of rejected application
Total fee collection
Revenue department
23622
22941
49
2668
2579
65
160540
ANNUAL REPORT OF ANDHRA PRADESH 201323
Department wise Receipt of Second Appeal and Complaints by the
Commission.
The Commission received 11,388 Appeals and Complaints out of 3707
has been received by Revenue Department during 2013 and this is
highest received application data among all departments. Department
wise break up is given below.
Name of the Department No. of Appeals and Complaints Received
Agriculture 379
Energy 309
Finance 51
Home 640
Housing 144
Industries 110
Law 163
Minorities welfare 134
Planning 10
Revenue 3707
School Education 845
23 http://www.apic.gov.in/
53
Comparative Analysis of Application received by different
departments
A DETAILS OF APPLICATIONS RECEIVED, DISPOSED AND PENDING
IN THE STATE FOR THE PERIOD 01‐01‐2013 TO 31‐12‐2013
Revenue Department
Secretariat Departments & Hods Working under their control
Total no. of application pending as on 1-01-2013
Total no. of application received during 1-01-2013
Total no, of applications disposed during the period from 1-01-2013 to 31-12-2013
Total no. of applications pending as on 1-01-2014
Out of cases disposed shown in col. 4
Out of cases disposed shown in col. 4 deemed refusal u/s 7(2)/18(1)
Out of total disposal in col. 4, cases rejected u/s
6 8(1)b
8(1)d
8(1)h
8(1)j 9 11 24 other
Secretariat Departme
nt
876
976
470
1382
470
0
0
0
0
0
0
0
0
0
0
1
Commr. Of survey settlement & land record
233
4307
4332
208
4206
19
12
0
0
1
0
0
0
35
59
2
Chief commr, of land adm.
6141
55901
57518
4524
57223
259
23
0
0
0
0
4
1
0
8
3
Commr. Of I.G registra
150
5779
5796
133
5796
0
0
0
0
0
0
0
0
0
0
379 30951
640
144 110 163 134 10
3707
845
83
1530
0
500
1000
1500
2000
2500
3000
3500
4000
Appeals & Complaints Received
Appeals & Complaints Received
54
tion & stamp
4
Commr. Of prohibition & excise
43
365
361
47
361
0
0
0
0
0
0
0
0
0
0
5
Commr. Of commercial tax
80
1071
1076
75
1003
22
25
0
2
0
11
0
0
0
13
6
A.P beverages corporation
2
28
27
3
27
0
0
0
0
0
0
0
0
0
0
7
Sales tax appellate tribunal
0
1
1
0
1
0
0
0
0
0
0
0
0
0
0
8
Commr. Of endowments
75
429
452
52
400
0
0
0
0
0
18
0
0
0
34
9
Spl. Court, land
0
5
5
0
0
0
0
5
0
0
0
0
0
0
0
DETAILS OF FIRST APPEALS RECEIVED, DISPOSED AND PENDING
IN THE STATE FOR THE PERIOD 01‐01‐2013 TO 31‐12‐2013
Revenue Department
Secretariat Departments & HODS working under their control
Total no. of AA’s in each sect, HOD & other units
Total no. of 1st appeals received during 1-01-2013 to 31-12-2013
Total no. of 1st appeals received during 1-01-2013 to 31-12-2013
Total no. of 1st appeals disposed during the period from 1-01-2013 to 31-12-2013
Total no. of 1st appeals pending as on 1-01-2014
Out of cases disposed shown in col.5 information furnished
Out of total disposal in col. 5 , cases rejected u/s
6
9
other
Secretariat Department
4
46
73
44
75
44
0
0
0
1
Commr. Of survey settlement & land record
1
13
188
168
33
168
0
0
0
2
Chief commissioner of land administration
133
828
3956
3963
821
3941
22
0
0
55
3
Commr. & I.G, registration & stamps
535
6
318
310
14
310
0
0
0
4
Commr. Of prohibition & excise
450
9
79
77
11
77
0
0
0
5
Commissioner of commercial taxes
217
9
104
99
14
86
8
4
1
6
A.P beverages corporation
1
0
3
3
0
3
0
0
0
7
Sales tax appellate tribunal
1
0
0
0
0
0
0
0
0
8
Commissioner of endowments
45
12
190
138
64
78
0
18
42
9
Spl. Court land grabbing of AP
1
0
0
0
0
0
0
0
0
ANNUAL REPORT OF CENTRAL INFORMATION
COMMISSION 2015-2016- Name of Department
Opening balance of Requests received under RTI (1st April)
No. of Requests Received during year
No. of Request transferred to other PA’S
Total no. of Appeal received
Total no. of Appeal disposed
Decisions where Applications for Information rejected
No. of cases where disciplinary action taken against authority
All India soil & land use survey
0
6
0
1
1
0(0%)
0
Name of Department
Opening balance of Requests received RTI (1st April 2015)
No. of Requests received during year
No. of Requests transferred to other Pas
Total no. of Appeal received
Total no. of Appeal disposed
Decisions where application rejected
No. of cases where disciplinary action taken against authority
Rejecting Request u/s 8(1) c
Department of Land Resources
0
147
134
6
6
4 (2.7%)
0
4
56
Name of Department
Opening balance of Requests received RTI (1st April 2015)
No. of Requests received during year
No. of Requests transferred to other Pas
Total no. of Appeal received
Total no. of Appeal disposed
Decisions where application rejected
No. of cases where disciplinary action taken against authority
Rejecting Request u/s 8(1) J
Land and Development office
36
1157
128
152
161
0(0%)
0
1
Name of Department
Opening balance of Requests received RTI (1st April 2015)
No. of Requests received during year
No. of Requests transferred to other Pas
Total no. of Appeal received
Total no. of Appeal disposed
Decisions where application rejected
No. of cases where disciplinary action taken against authority
Land and Building Department
246
652
122
81
78
0(0%)
0
Name of Department
Opening balance of Requests received RTI (1st April 2015)
No. of Requests received during year
No. of Requests transferred to other Pas
Total no. of Appeal received
Total no. of Appeal disposed
Decisions where application rejected
No. of cases where disciplinary action taken against authority
Land and Survey Department
18
238
7
24
18
0(0%)
0
DIGITALIZATION OF LAND RECORD PROGRAMME AND
R.T.I-
Before establishment of this programme no online record regarding land was
present in the government departments and people who wanted to take information
from the the department faced several difficulties. Under section 4 of R.T.I there is
provision regarding suo moto and land record is also a public document so to
provide online land record to the applicants and as well as citizen is also a duty of
government departments. In the light of the recent land scam case that has surfaced
against retired IAS officer GS Sandhu, who allegedly transferred a society deed of
a land measuring 40,000 square yards to a builder against norms in 2011 when he
was additional chief secretary, urban development and housing. The Land
Transformation Management System espoused by the Modi government in the
57
Union Budget 2016-17 is an important step, indeed, to tackle the nuisance of
illegal land acquisition cases.24
Land being the costliest asset in realty has often been at the epicenter of land
fights, property crimes and frauds. Way back in 1988, the central government then
sponsored the Computerization of Land Records (CoLR) scheme to tackle the
recurring problems owing to inadequate land records system.
Again in 2008-09, an attempt was made by launching the ambitious National Land
Records Modernization Programme. Under this programme, land record
computerization and digitization, a responsibility of the states, was supposed to
cover all 620 districts of the country by 2017 at the close of the 12th Plan. The
scheme did not see much headway as it proved to be a challenging one from the
cost perspective.
Several states providing digitization of land records to the citizens under the
(DILRMP) Digital India Land Records Modernization Programme like
KARNATAKA – DIGITALIZATION OF LAND RECORD
PROGRAMME25
Revenue Department in Karnataka has rendered a yeoman service for the 6.7
million farmers of Karnataka by Computerizing 200 million records of land
ownerships. Earlier farmers were dependent on village level functionaries of
Revenue Department in Karnataka to get a copy of Record of Rights, Tenancy and
Crops (RTC). RTC has become a very important document in obtaining bank loans
and property transactions. Today for a meagre fee of `10/- a printed copy of the
24 http://www.firstpost.com/business/digitisation-of-land-records-how-the-relaunched-programme-will-help-
overcome-property-crimes-and-frauds-2708226.html 25 http://kic.gov.in:8080/jsp/Downloads/Annual%20Report/2014-15ENG.pdf
58
RTC can be obtained online at computerised land records kiosks (Bhoomi Centres)
in 203 taluk offices. Bhoomi is a project conceived and implemented by Govt. of
Karnataka with NIC as technical partner. The project is funded by Govt. of India.
Under Bhoomi project all the records have been verified and certified by the
revenue authorities before making digital database as the only source of land
records. Manual records have been invalidated and any change in RoRs will
happen through online mutation application only. On an average Bhoomi software
handles more than one lakh mutation a month. A large number of revenue officials
have been mobilized to work on the system and clear cut roles have been assigned
to them. The main objective of the Bhoomi Project are facilitating maintenance and
prompt updating of land records which can be easily accessed by the farmers. It
further aims at making land records tamper proof and collating the information to
prepare a database regarding land revenue, cropping pattern and land use etc.
which can be used by banks, private organizations, companies etc.
HARYANA - DIGITALIZATION OF LAND RECORD
PROGRAMME26
Revenue Department, Government of Haryana has embarked on an ambitious
program on Modernization of Land Records to offer transparent and efficient
services to Land Owners in the State. It is a pioneer initiative in the State under
the National Land Records Modernization Programme (NLRMP) funded by
Department of Land Resources, MoRD, GoI. The work under the NLRMP has
been outsourced by the implementing agency, Haryana Space Applications Centre
(HARSAC), Hisar. Revenue Department, Government of Haryana has made the
Haryana Space Applications Centre (HARSAC), Hisar the nodal agency to
26 http://kic.gov.in:8080/jsp/Downloads/Annual%20Report/2014-15ENG.pdf
59
implement this programme in Haryana State. The main objective of the project is
to develop a modern, comprehensive and transparent land records management
system in the state with the aim to implement a single window system to handle
land records, including maintenance and updating of textual records, maps, survey
and settlement operation and registration of immovable property. Besides the
preservation and permanence of records, this information can be used in land value
assessment, preparation of field level soil health cards, smart cards for farmers to
facilitate e-governance and e-banking, settlement of compensation claims, land
acquisition and rehabilitation, crop insurance, grant of agricultural subsidies etc.
Haryana State has about 7085 Revenue Villages covering an area of 44212 sq. km.
and having about 1.10 crore land parcels. The State has taken up activity of
updation and scanning of 62000 Cadastral Maps (Mussavies) using GIS and
scanning of all five crore duplex pages of old Revenue Records including
Jamabandis, Mutations, Khasra, Girdawaris, Field Books and Registered Deeds of
Preceding 12 years. Survey and re-survey using Differential Global Positioning
System (DGPS) has also been started. 121 Primary Control Points and monuments
have been established at each 20 km. 589 Secondary Control Points at each 8 km
in the entire state have also been established. 18,000 Tertiary Control Points are
proposed to be established. The PAN stereo high resolution satellite image costing
to `9 crore (approx.) has been obtained for the entire state. As part of the initiative,
Proof of Concept (PoC) has been attempted in a few selected places in the state
involving comprehensive exercise covering various aspects of land records. Under
PoC, some villages have been selected as a pilot village in various districts to
demonstrate the Proof of Concept on the project. Entire database envisaged under
the project has been digitized and linked. Printed land record maps along with the
ownership details were distributed to all the land owners in the villages by the
Revenue Department and their objections were invited. In a Jalsa-E-Aam held in
60
each such village, HARSAC demonstrated the outcome and usefulness of the
project for the farmers through presentation and exhibition.
Khanapuram Gandaiah v. Administrative Officer & Ors,27
This special leave petition has been filed against the judgment and order dated
24.4.2009 passed in Writ Petition No.28810 of 2008 by the High Court of Andhra
Pradesh by which the writ petition against the order of dismissal of the petitioner’s
application and successive appeals under the Right to Information Act, 2005
(hereinafter called the “RTI Act”) has been dismissed. In the said petition, the
direction was sought by the Petitioner to the Respondent No.1 to provide
information as asked by him vide his application dated 15.11.2006 from the
Respondent No.4 – a Judicial Officer as for what reasons, the Respondent No.4
had decided his Miscellaneous Appeal dishonestly.
The facts and circumstances giving rise to this case are, that the petitioner claimed
to be in exclusive possession of the land in respect of which civil suit No.854 of
2002 was filed before Additional Civil Judge, Ranga Reddy District praying for
perpetual injunction by Dr. Mallikarjina Rao against the petitioner and another,
from entering into the suit land. Application filed for interim relief in the said suit
stood dismissed. Being aggrieved, the plaintiff therein preferred CMA No.185 of
2002 and the same was also dismissed. Two other suits were filed in respect of
the same property impleading the Petitioner also as the defendant. In one of the
suits i.e. O.S. No.875 of 2003, the Trial Court granted temporary injunction against
the Petitioner. Being aggrieved, Petitioner preferred the CMA No.67 of 2005,
which was dismissed by the Appellate Court – Respondent No.4 vide order dated
10.8.2006.
27 scc slp no.34868 OF 2009
61
In this case the petitioner challenged the said order before the High Court, seeking
a direction to the Respondent No.1 to furnish the information as under what
circumstances the Respondent No.4 had passed the Judicial Order dismissing the
appeal against the interim relief granted by the Trial Court.
Decision-
A judicial officer is entitled to get protection and the object of the same is not to
protect malicious or corrupt judges, but to protect the public from the dangers to
which the administration of justice would be exposed if the concerned judicial
officers were subject to inquiry as to malice, or to litigation with those whom their
decisions might offend. If anything is done contrary to this, it would certainly
affect the independence of the judiciary. A judge should be free to make
independent decisions. As the petitioner has misused the provisions of the RTI Act,
the High Court had rightly dismissed the writ petition.
In view of the above, the Special Leave Petition is dismissed accordingly
62
CONCLUSION-
The Right to Information Act of 2005, signals a radical shift in our governance
culture and permanently impact all agencies of state. The effective implementation
of this law depends on three fundamental shifts:
From the prevailing culture of secrecy to a new culture of openness,
From personalized despotism to authority coupled with accountability ; and
From unilateral decision making to participative governance.
In whole research at several stage we found that Right to Information gives a lot
benefit to the citizen and also to government departments by providing
information. It creates transparency between the government and citizens. In our
research we have mentioned several state information commissions’ report this is
possible only through RTI although all the application was made by the people but
that is possible because we have RTI act. Secondly several application was made
regarding land resources and people received information even some cases was
also filed in the Supreme Court and High Court. Some appeal was made before
central information commission and state information commission and through this
we found several landmark decisions like land record is a public record as held by
CIC commissioner Sridhar Acharyulu. This act also used by professionals like
lawyers, charted accountant etc. by using information as received by RTI in
disputed matter. At this modern era of time RTI is playing a great role in our
country. Provision mentioned under section 4 sub-clause 2 of RTI act deals with
SUO-MOTO. It helps us to obtain information even without filing any application
and it creates a confidence in the mind of people for public authorities.
63
SUGGESTIONS-
In 2008 National Land Records Modernization Programme was launched but due
to some reason that was not enforced successfully after in 2016 (DILRMP) Digital
India Land Records Modernization programme was launched and under this
programme several states provides online digital land records but still a lot of RTI
application is filling by citizens due to unawareness of this scheme. Secondly,
while making a research report I found that even several state commission do not
have a annual report and those who have but not updated. This creates a bad
impact on citizens about the working of commissions. Even sites of several state
information commission is not opening and contact number providing in the last of
RTI Act is not correct. Some states are providing annual report but data under the
report is not clear. All these are lacuna which creates a barrier between the citizen
and authorities of RTI.
Some suggestions regarding RTI Act
Under section 4(2) of RTI there is provision of suo-moto and ‘shall’ word is
used there it means a legal obigation over authority but in real sense it is not
implemented by all authority.
Under section 25 of the act it is mentioned about Monitoring and Reporting
and the word which is used is ‘shall’ but again several state are not
providing annual reports. This is violation of law but in the absence of strict
penalties no one taking it seriously.
Under the RTI act there is only monetary penalty which is also not very
huge so it’s fails to create a fear in the PIO,s.
64
Penal Penalty should be provided by the act because now RTI become a
paramount subject of law and internal functioning of our nation can be
transparent only through RTI Act. So Penal penalty should be provided for
the betterment of working.
In case of appeal to the commission applicants have to approach SIC or CIC
and to attend the hearing they have to go that place where SIC or CIC
located. This imposes mentally stress and pressure upon applicants. In my
opinion some authority should be send through the CIC or SIC at that place
where applicants lives.
65
Reference-
1. Annual Report of H.P- www.hp.gov.in
2. Annual Report of Jammu & Kashmir- http://jksic.nic.in
3. Annual Report of Meghalaya- http://megsic.gov.in
4. Annual Report of Arunachal Pradesh- http://www.arnsic.nic.in/
5. Annual Report of Haryana- http://cicharyana.gov.in/
6. Annual Report of Punjab- www.infocommpunjab.com
7. Annual Report of Tamil Nadu- http://www.tnsic.gov.in/
8. Annual Report of Tripura- http://rtitripura.nic.in/
9. Annual Report of Sikkim- http://www.cicsikkim.gov.in/
10. Annual Report of Gujarat- http://gic.gujarat.gov.in/default.aspx
11. Annual Report of Assam- http://www.sicassam.in/
12. Annual Report of Mizoram- https://mic.mizoram.gov.in/
13. Annual Report of Rajasthan- http://ric.rajasthan.gov.in/
14. Annual Report of Karnataka- http://www.kic.gov.in
15. Annual Report of West Bengal- http://wbic.gov.in/
66
16. Annual Report of Uttrakhand- http://uic.gov.in/
17. Annual Report of Andhra Pradesh- http://www.apic.gov.in/
18. Annual Report of Odisha - http://orissasoochanacommission.nic.in
19. Annual Report of Central Information Commission- http://www.cic.gov.in
CASES-
1. State of U.P v. Raj Narain AIR 1975
2. Mr surender Pal Singh vs Gnctd delhi- CIC/SA/A/2014
3. Adarash Cop-Op. Hsg. Soc.Ltd., vs Union Of India And Ors, w,p no. 369 of
2011
4. Mr. Shanti Ram Bahun. Vs. SPIO, Roads & Bridges Department
5. Khanapuram Gandaiah v. Administrative Officer & Ors scc slp no.34868 OF
2009