RTI Requests

To,                                                                                                                         Date: 19.2.2013

The State Public Information Officer (SPIO)

Irrigation and Waterways Department

Government of West Bengal

Jalsampad Bhavan, Block DF, Section III, Salt Lake City

Kolkata-700091

Subject: REQUEST FOR INFORMATION FROM THE IRRIGATION AND WATERWAYS DEPARTMENT, GOVERNMENT OF WEST BENGAL UNDER THE RIGHT TO INFORMATION ACT, 2005.

Dear Sir/Madam,

I am a citizen of India. I request you to kindly provide me the following information under the Right to Information Act. If you feel that the requested information does not pertain to your department then please follow the provisions of Section 6(3) of the RTI Act, 2005.

1)     Please provide me the name of the employees of Irrigation and Waterways Department (with their assigned duties) who are posted at Dhosa, South 24 Parganas, in last 5 years. Please mention the periods (in years and months) for which each of the employees was posted/is posted at Dhosa.

2)    Demolition of the Quarters, Rest shed and Store room of Irrigation and Waterways Department (I&WD) adjacent to 14 vent sluice gate at Dhosa, Dist.- South 24 Pgs had already been completed (please see the photos). With respect to that, please provide me the followings:

(a) Please provide me the name of the employees who were supposed to take care of these Quarters, Rest shed and Store room. (b) Whether I&WD had taken action against any of it’s employees for demolition of Quarters, Rest shed and Store room. (c) Please mention the places where the bricks (which were used to build up those quarters, rest shed and store room) are kept. (d) Please mention the amount of money obtained if those bricks were sold. (e) Almost all the big trees grew on I&WD land adjacent to 14 vent sluice gate had already been cut (please see the photos). Please mention what I&WD did after cutting those trees. Please mention the amount of money earned if those big trees were sold. (f) If those bricks (which were used to build up those quarters, rest shed and store room) and big trees were stolen, then mention the name of the employees who were in duties in those days when bricks and trees were stolen and also mention what actions (including departmental action against any employee, if any) were taken against those events of robbery. (g) Please mention the name of the employees who are responsible to ensure that no heavy vehicles will run on the bridge built over the 14 vent sluice gate. Please mention whether heavy vehicles run over the bridge or not. Please mention the present condition of the bridge built over the 14 vent sluice gate. (h) If, no records about quarters, rest shed and store room, bricks, trees or running heavy vehicles on the bridge are available in the office, please provide me the name of officials/employees who is responsible for that.

3)    Executive Engineer, Mograhat Drainage Division had informed (Memo No. 1093/6-3; dated 18.11.2009) that illegal trading of Govt land by local touts was going on. With respect to same please provide me the followings:

If, any Inspection/Investigation was carried out by the Office of Baruipur Drainage SubDivision against an employee of I&WD (Name: Subal Sardar) in last 7 years for illegal trading of shop room on the land of I&WD at Dhosa, please provide me the summary of that Inspection/Investigation report.

4)    A notice (Memo No. R-IV/06; date- 5.7.05) was issued (against 155 persons) by the I&WD, Govt. of West Bengal on 5.7.05 for removal of illegal encroachment on I&WD land along the both sides of Dhosa-Kultali service road (Copy attached). (a) Please provide me the details of reason for which even a single illegal encroachment was not removed till today. Against how many of these 155 persons, legal actions have been taken (if no such records are available in I&WD office, please provide me the reasons). (b) Please provide me the name of the officials who is responsible for not removing of the illegal encroachment on Dhosa-Kultali service road even after sending the notice. (c) Please provide me the total area of I&WD land on which illegal encroachments were made on Dhosa-Kultali service road. If, no such records are available in the office, provide me the name of the officials/employees who is responsible for that. (d) A project of widening of Dhosa-Kultali service road is going on. Please mention what actions have been taken by I&WD to ensure that proposed width of the road will be strictly maintained during widening process of the road near Dhosa Hat.

I request you to ensure that the information is provided before the expiry of the 30 days period after you have received the application, failing which I may file First Appeal to Appellate Authority or lodge complaint to WBIC as specified in the act.

With best regards,

Enclosures: 1) Annexure A (Photo of present condition ofQuarters, Rest shed and Store room)

2) Annexure B (Copy of the letter; Memo No. 1093/6-3; dated 18.11.2009)

3) Annexure B (Copy of the letter; Memo No. R-IV/06; date- 5.7.05)

N.B.:- Below items are for your kind information and consideration:

1. As per section 5(3) of the RTI Act 2005, I request the PIO to provide assistance in getting the requested information.
2. As per section 7(8) of the RTI Act 2005, In case of rejection of my application, I kindly request you to provide the reason for such rejection and not just quote a section of RTI. I append below extract from CIC decisions-

“The PIO has to give the reasons for rejection of the request for information as required under Section 7(8)(i). Merely quoting the bare clause of the Act does not imply that the reasons have been given. The PIO should have intimated as to how he had come to the conclusion that rule 8(1)(j) was applicable in this case.”CIC/OK/C/2006/00010 dated 7 July, 2006.

3. Redirecting this application to other SPIO within same public authority will amount to violation of sub sections 4 and 5 of section 5 of RTI Act. SPIO to whom application is submitted is duty bound to collect information from any source within the public authority in the world and to supply to the applicant.
4. A] I add that an applicant under The RTI Act 2005 is also a consumer under The Consumer Protection Act 1986 as decided by National Consumer Disputes Redressal Commission, New Delhi on 28-05-2009 in Revision Petition Nr. 1975 OF 2005.

B] Non-compliance of RTI Act 2005 amounts to breach of fundamental rights of citizens under article 19.1.a of Constitution and also violation of human rights as per article 19 of Universal Declaration of Human Rights of 1948 to which India is a signatory.