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    Success of RTI activity nullified by the Minister


    HOW TO TACKLE ?
    MAN PROPOSES MINISTER DISPOSES
    ffice:office" /><O:p> It is a very big Co Op. Housing Society,( Metropolitan Co op. Hsg. Society ) mamaged by a group of corrupt persons, who are almost always getting support in all respect from the administration. No member of this Housing Society can construct more than 3 storied buildings and can sell flats to any body.The Secretary of the M.C informed it to each member and public notice was also published in Ananda Bazar Patrika as well as in the Statesman. ( This is a simple eyewash ) But the Chairman of the Managing Committee is presently constructing 5 storied building, violating Co op rule and many members have sold out flats to non members in their illegally constructed multi-storied buildings. </O:p>
    <O:p>It has been brought to the notice of the Principal Secretary , Dept. of Co operation , Govt of West Bengal and also to the Registrar of Co op. Societies, W. Bengal. But no body took any initiative to stop this corrupt practice.</O:p>
    On receiving many representation under RTI Act 2005 from the members of Metropolitan Co op Housing Society of Chingrighata area, Registrar of Co op. Societies, Govt of W.Bengal finally agreed that he was empowered to take action against illegal construction and selling of flats in Metropolitan Co op HSG. Soc and the DRCS (Housing) directed the DRCS
    ( Kolkata Metripolitan Area Housing) to take proper action and intimate the ATR .
    DRCS(KMAH) initiated inquiry vide his memo no 586 dt 05.06.07. He also assured that after completion of the proper action against the corrupt managing committee would be initiated .( The Secretary informed not to construct multi storied buildings and to sell flats thereon. The Chairman started construction of 5 storied building in hs plot and another ex member of MC sold flats to the outsider , violating Co op rule & bye laws)
    <O:p> THIS IS REALLY A SUCCESS OF RTI ACTIVISTS. </O:p>
    <O:p>But dear friends you do not know the power of these corrupt persons.</O:p>
    Then the honest and upright Minister –in charge of Co operation Dept. started his activities.
    <O:p></O:p>
    As the MIC , Cooperation Deptt. has directed not to initiate any administrative action and settle the matter amicably, the matter is now being referred to the Co op. Deptt. for further course of action. “ ( U/O No. 331 dated 16/08/07 of DRCS(Housing) West Bengal .

    This information was furnished to one member as per RTI Act. 05
    <O:p></O:p>
    So the illegal construction of multistoried buildings are being done in full swing
    ….This news has come in the Statesman dated 21.09.2007
    <O:p></O:p>
    Our Hon'ble C.M asked the public to hate corruption !!!!!!!
    Man proposes Minister disposes.
    What next ???----- Abhijeet


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  2. #2
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    Re: Success of RTI activity nullified by the Minister


    Abhijeet,
    I do not know what prevented you from reproducing the news report in the Statesman. Since you have not done it, I am reproducing the same below, for the benefit of our members. With the publication of this news, a new opening has been provided to you and other RTI activists in your society. I feel that this opportunity should be carefully and beneficially utilised to achieve the desired ends.

    ====================================================
    Taking the middle path
    Statesman NewsService

    KOLKATA, Sept 20: The state cooperation department stopped an inquiry midway into illegal construction of multi-storeyed buildings. They decided to solve the matter with the concerned persons and management of Metropolitan Cooperative Society.

    This has happened while the state chief minister Mr Buddhadeb Bhattacharjee is talking about injecting greater transparency in administration.

    The secretary of Metropolitan Cooperative Housing Society had given insertion in newspapers which reads that construction of multi-storeyed building “ is absolutely illegal and contrary to the provisions of the West Bengal Cooperative Societies Act, 1993 and the rules as framed thereunder, in as much as in a cooperative housing society, no plot can be developed by any member for commercially exploiting the same. Therefore, any person who enters into any such agreement, deed of sale, conveyance shall do so at his, her own risk and peril.”

    Following complaints from some residents of the housing complex, an inquiry was ordered by the registrar of cooperative societies and a deputy registrar was entrusted to do the inquiry. The inquiry stopped midway and the department decided to resolve the issue by discussion. Senior department officials said the decision was made by department seniors. The Cooperation minister, Mr Robin Ghosh refused to comment.

    Construction continues in 12 plots in sectors A and B. In approximately 13 plots multi storey buildings were erected and flats sold. The KMC has cleared the building plans as they satisfy its parameters without going through the provisions of the West Bengal Cooperative Societies Act, 1993 which allows construction of three storeyed (G+ 2) only
    The Statesman

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    Re: Success of RTI activity nullified by the Minister


    good-news!

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    Re: Success of RTI activity nullified by the Minister



    On further submission of RTI applications in this regard, the concerned letter of the Hon'ble Minister was received and it was also informed that this was the only letter which was written to the Registrar of Co operative Societies by the Minister during a period of 5 years ( 2003- 2007). The letter was written just after a month of the initiation of the enquiry (05/06/07) and the Minister specifically directed the Registrar--- No administrative action need be initiated. This is urgent. (16/07/07)
    Few RTI applicants wanted to know the reason of this administrative decision of not continuing the enquiry against different corruption. The information/reason furnished by the PIO -- (1) due to the changed situation , there is no need of any enquiry at all.
    (2) As per Minister's specific direction enquiry was stopped, the matter will be decided across the table.
    What is the 'changed situation' ? The Chairman of the Managing Committee constructed 5-storied building , violating the Co operative's rules & bye laws. Many other members have also constructed such multi storied buildings after demolition of their old 1-2 storied buildings and sold flats to the outsiders , illegally. This fact is also known to the Co operation Department and the Registrar's office and even the Kolkata Municipal Corporation . All these important WBCS & IAS officers have expressed their inability to do anything against these illegal activities, as the Minister directed not to take any administrative action.
    Minister directed to settle the fact ( problems be solved across the table)
    RTI applications revealed that within a period of more that one year Registrar did not obey the Minister's direction .( No record is available in this regard - was the reply)
    Within the Housing Complex area there are still few Notifications visible --- In this connection attention of the members are drawn to the notice dated 11th June2005 of the Society , published in the Ananda Bazar Patrika and the Statesman through which it was brought to all concerned that such actions are contraryto the provisions of the West Bengal Co- Operative Societies Act, 1983 and the Rules framed thereunder and hence are illegal.--- Secretary , Metropolitan Co-op. Housing Society.
    Members are busy with their "own" important jobs.
    LONG LIVE CO-OPERATIVE MOVEMENT
    Last edited by abhijeet; 02-09-08 at 09:32 PM. Reason: correction

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    Re: Success of RTI activity nullified by the Minister


    If there was a merit in the information gathered through RTI, it should have been used to file a writ petition in High Court or any other suitable legal action should have been taken.

    Co-operative movement do not automatically convert all the members in to leaders. There are very few leaders, some followers and majority sit on the fence!! It is the responsibility of a leader to generate enough support and resources for the movement.

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    Re: Success of RTI activity nullified by the Minister


    Dear Dr.
    Self -praising is always avoidable. But We had a very tough time years after years. Political parties , administration and specifically in recent years delay in getting court's decision , all are against us. Otherwise we had plenty of earlier court's orders
    ( single bench, Division bench & Apex court) -all in our favour, but not the administration.With tacit support of the administration the corrupt managing committee members came in power after 18 years and started all sorts of corruptions. Criminal case is pending against them ( last 4 years) . One inspecting officer submitted in favour of them , after prolonged persuation , the court directed CID probe ( which was reported in The Statesman and also forwarded to RTI india, as above. But the "top cop " does not want to investigate ; the case is pending. It is so complex matter that it could not be explained nicely in a short span . The members are becoming frustrated day by day. I should admit that we don't have a good and efficient leader to generate enough support and resources for the movement.

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    Re: Success of RTI activity nullified by the Minister


    Dear Abhijeet,

    I understand your plight and frustration. Sorry, if I have hurt your feelings. As there was no mention about efforts taken at your end, I made a blunder of underestimating and I regret it from my heart.

    I understand that fighting these bullies is no joke. But I request you not to loose hope. Because of People like you who are painstakingly fighting the corrupt practices, we as common men have some moments of relaxations. Otherwise, these goons would have made a hell out our lives.

    RTI Act is atleast giving us an opportunity of questioning the officers and the politicians. The "information" will give us all the ammunition we require. Our community is growing day-by-day and one day we will be able to make a change for better.

    Your efforts are very inspiring. We may not win every time but most of the time we will!!

    Thanks a lot.

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    Re: Success of RTI activity nullified by the Minister


    Minister acted violating all norms & rule

    Recently in response to two queries , the concerned SPIO of Co operation Department has provided “answer” as furnished below:-


    !. Please furnish the relevant rule/act applicable for MIC & or Secretary to stop the enquiry as initiated by the R.C,.S against the corruption & corrupt members of the Metropolitan Co op. Housing Society u/s-93(1) of W.B.C.S Act 1983.
    Answer--- The query relates to the relevant provisions of the statute itself not being a document under the exclusive possession of this Deptt.. Answer may be obtained from the statute itself. ( SPIO)
    2. Was Hon/ble Minister entitled to stop enquiry against corruption without any relevant rule/act, if that be the case ? Please furnish specific rule/ act applicable in this regard.
    Answer-As regard query No 2 specific rule/act applicable in this regard, is not within the knowledge of this Deptt.
    The applicant submitted the same query to the office of Registrar of Cooperative Societies, West Bengal. The SPIO informed that relevant rule/ act will be available from the Co operation Department. Co op. Department did not inform anything specifically.
    So did the Hon’ble Minister stop the ‘enquiry’ without any rule/act applicable or violating all the norms ?
    What should be the next step ?
    Last edited by abhijeet; 21-03-09 at 07:53 PM. Reason: correction

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