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Thread: Huda rti
Views: 4603 | 20-12-09, 10:15 PM #1
FILED RTI APPLICATION AT HUDA. WILL POST REPLY WHEN THE SAME IS RECEIVED FROM SPIO .
The Right to Information Act, 2005
Form A [See rule 3 (1)]
The State Public Information Officer ,
/ State Assistant Public Information Officer ,
Estate Officer-II / Superintendent/ Deputy Supdt
1. Full name of the applicant: Mr.ABC
2. Address: xxxxxxxxxxxxxxx
3. Particulars of information required:-
(i) Subject matter of information : Possession Status of Residential Plot in
Sector xx , allotted by HUDA in year xxxx, in Urban Estate of Gurgaon.
(ii) The period to which the information relates: From xx-xx-xxxx to till date.
(iii) Description of the information required:
Question 1: In year xxxx Huda Gurgaon offered possession of plots to the
allottees of Residential Plot in Sector xx in the Urban estate of
Gurgaon. Out of the allottees who applied in response to the offer of possession, How many ( give total number ) have been issued possession certificate (not offer of possession) by HUDA from xx-xx-xxxx to till date ?
Question 2: Give number of the possession certificate (not offer of possession)
issued by Huda in each Size Category of Plots.
Question 3: Give number of the possession certificate (not offer of possession)
Issued in each year 2006 , 2007 , 2008 , 2009.
Question 4: I have applied to Junior Engineer, Estate Office, HUDA, Gurgaon for
Possession Certificate on xx-xx-xxxx, Diary Number: xxxxx,
What is the status of my application ?
Question 5: When will all the allotees be handed over actual physical possession
of the plots ?
(iv) Whether information is required by post or in person: Post.
(v) In case by post (Ordinary, Registered or Speed) : Speed Post
4. Draft xxxxx for Rs.50/- is enclosed as fees.
Signature of the Applicant. Place :
(ABC) Date: 2009
20-12-09, 10:43 PM #2
Re: Huda rti
Single window at HUDA accepts the RTI application & issues a receipt but they do not give you acknowledgement on a photocopy of your application ( FORM A ) though the FORM - A has footer mentioning :
Received your application dated _______________ ,-- vide Diary
No.______________ dated _____________ .
State Public Information Officer/
State Assistant Public Information Officer
Name of the Department/Office
What if they remove the original application & put a different one ?
What can be done to get them acknowledge the application with their rubber stamp ?
Can I file an RTI at CIC Haryana asking them if the concerned / receiving officer should issue a copy of RTI application (Form A) duly acknowledged along with fees receipt, (In this case the application was filed by hand at counter) ? Can I file RTI at CIC itself ? Who will be the SPIO in this case & where to submitt application & how to go about it ?
Better to clarify the above point for future RTI applications not only at HUDA but at all the Haryana Govt Dept.
Last edited by qqqqqq12341; 20-12-09 at 11:24 PM.
21-12-09, 07:20 PM #3
Re: Huda rti
As per item 3(2) of the Haryana RTI Rules, a acknowledgment has to be given:
(2) On the receipt of an application, made under sub-rule (1), the State
Public Information Officer/State Assistant Public Information Officer shall give a receipt in token thereof to the applicant.
Please refer to the links here: Haryana RTI Rules and Fees - RTI Guide
Go back to the PIO and show him those rules. If he still refuses an acknowledgment, then meet the Head of the Public Authority and demand an acknowledgement.Twitter: @cjkarira
23-12-09, 08:10 PM #4
Re: Huda rti
REPLY RECEIVED FROM SPIO:
The info cant be supplied on the grounds:
1) This office does not keep the info in the format requested by you. If the info is prepared then it would involve huge public time & expense & will be against public interest. No puiblic interest is served in collecting the asked info.
2) It is further stated that the individual seek vexatious info. Applicants should in one application confine to one issue rather than combining several in one application.
3) Further, it is 3rd party information as contained in section 11 of RTI Act.
Contact FAA in 30 days if not satisfied.
SENIOR PLS ADVISE NEXT STEPS
23-12-09, 08:35 PM #5
Re: Huda rti
The grounds will be:
1. Information can only be denied under Sec 8 or 9 of the RTI Act. The PIO has not indicated any section under which he is denying information.
2. Nowhere does the RTI Act state that only that information which serves "public interest" will be disclosed and no other information will be disclosed. On the contrary, even when the information is deniable under Sec 8(1)(d), 8(1)(e) or 8(1)(j), it has to be disclosed if larger public interest justifies disclosure.
Please cite the order available here :http://www.rtiindia.org/forum/16601-...formation.html
3. You have not requested the information in any particular format. It seems the PIO has not even read your application properly.
In S.Nos. 1, 2 and 3 you have requested only numbers. A number has only one universal form.
In S. No 4 you have asked for "Status". Giving "status" does not require any specific format.
In S. No 5, you have requested a "date". Date can have various formats like DDMMYYYY, MMDDYYYY, or written out in detail like 23 December 2009 or December 23, 2009 or any other variant. You are a citizen who can understand the date in any format or form. Let the PIO supply you the date in the format he wants !
4. The PIO terming your application as "vexatious" implies that he thinks you are "harassing" him or "annoying" him or "irritating" him.
The Supreme Court has ruled that the "Right to Information" is a fundamental right of a Indian Citizen. It emanates from Article 19 of the Indian Constitution and is a implicit part of "Right to Freedom of Speech". By terming your RTI application as "vexatious", the PIO is curtailing your fundamental rights and this is not only a punishable offence but you also have the right to file a private suit against the PIO.
Replying to RTI applications from the citizens is his job. He is the designated PIo under Sec 5(1) of the RTI Act. If he thinks that you are being "vexatious" let him resign his job and go back home.
5. The PIO has never read the RTI Act nor the RTI Rules for Haryana.
Nowhere does the RTI Act or the Rules framed thereunder state that the application should relate to one issue in one application. Ask the FAA to get the PIO to submit proof or evidence to that effect as to where he picked this up from.
It seems the PIO is day dreaming.
6. The third party issue is a bogey.
Read Sec 11 properly. (Also see http://www.rtiindia.org/forum/11536-...ird-party.html and pick up points from there). None of the information you have asked for has been submitted by any third party to the public authority. All the information has been generated and available with the public authority.
Make a very very strong first appeal and ask for a personal hearing during first appeal preceded by a proper notice of hearing.
Unfortunately, I cannot use more stronger language since I do not want to violate forum rules.Twitter: @cjkarira