Re: RTI for relocation of electronic transformer from private land.
Under RTI, you can only seek and obtain information held by the public authority. RTI is not a tool to settle your grievances. Yiou cannot agitate the merit or legality of installation of transformer under RTI. YOu have asked for 3 counts of information. The PIO did not supply information with respect to your satisfaction. You can prefer appeal against the decvision of PIO on following grounds:
In item NO.1, the information sought was the copy of permission obtained by MSEDCL for installation of transformer at land bearing Gat No. 909 ...... (details). The PIO's decision was that he do not have any document of land acquisition. The land belong to the applicant. What the applicant sought was the specific copy of permission obtained by MSEDCL for erecting Transformer in private land of applicant. Therefore, the PIO intentionally denied the information without assigning any legally valid reasons.
IN Item No.2, the information sought by applicant was the copy of rules, regulations codes etc empowering MSEDCL to erect transformer in case such permission is not obtained from the land owner. PIO's reply was that the MSEDCL has the right under Indian Telegraph Act to install transformer. Mere contention of existence of such power was not enough. It was necessary for the PIO to supply the copy of such power to the applicant, which the PIO intentionally did not supply.
IN Item NO.3, the applicant sought the certified copy of inspection / feasibility report submitted by electrical officer with respect to installation of transformer at above mentioned place i.e. Gat NO. 909 .......................... and the decision fo PIO was that MSEDCL don't have any document of inspection and feasibility report. This decision of PIO is patently false and illegal. Unless and until the alignment of electric lines and feasibility of installation of Transformer and its location is drawn and approved by competent authority, , the transformer cannot be installed. The PIO thus, intentionally did not supply the information held by the public authaority.
Viewed from any angle, the PIO intentionally with malafide intention did not supply the information sought. This Hon'ble Appellate Authority may therefore look into the queries and the decision of PIO and thereafter direct the PIO to supply the information free of cost within 10 days from the decision by this Appellate Authority.
Satyameva Jayate सत्यमेव जयते