NDTV: Agra: Monday, June 05, 2017.
Not providing
information about illegal constructions in the prohibited area around Taj Mahal
proved costly for two officials of the Archaeological Survey of India as the
CIC imposed a maximum penalty of Rs. 25,000 on them. The transparency panel was
irked that despite its clear directives to disclose information about the
specifics of illegal constructions in the 500 metres protected area around the
monument, the records were not provided to a Right To Information or RTI
applicant.
In response
to a separate RTI response, the Archaeological Survey of India or ASI had said
there are 533 illegal structures around Taj Mahal. RTI applicant Bhim Singh
Sagar had sought specific details from the ASI regarding houses, roads,
residential colonies etc., within demarcation of 500 meters border from the
east to south gate of the Taj Mahal as notified. The ASI said it did not have
any such details with it.
When the
matter reached the CIC, Information Commissioner Sridhar Acharyulu said
non-disclosure of this information facilitates the corruption by both the ASI
and the Agra Development Authority. "...because their staff can threaten
every essential repair or maintenance as illegal construction as harmful to Taj
Mahal, or encourage illegal structures for any illegal purpose," he said
in his order.
The
Commissioner imposed the maximum penalty of Rs. 25,000 under the RTI Act on
Central Public Information Officers KA Kabui and MC Sharma of Archaeological
Survey of India -- who handled the RTI application. This amount will be
recovered from their salary.
"Non-furnishing
of information in this case deprived the appellant of his right to scrutinise
the record to know about prohibited constructions around the Taj Mahal and
complain against illegal constructions if any, or resist those activities
prohibited by the ASI Act," he said.
The
commissioner said Mr Kabui failed to comply with the directions of the commission
to furnish the information. Mr Acharyulu said when 500 meters periphery was
demarcated for the purposes of protection of the historic monument, the ASI was
expected to have the records about colonies and structures within that
demarcated area. "How can they say that they do not have the records? If
they do not have such elementary record, how do they prevent illegal structures
and secure the existing structures," he said.
The
commission rejected the CPIO's argument that the information was held by the
Agra Development Authority and she had forwarded the application asking them to
furnish information.
"The
public authority thus cannot deny their responsibility to report the illegal
construction and the officer handling the RTI application cannot escape
responsibility of answering queries by simply forwarding the application to
other local civic authority," he said.
Mr Acharyulu
now directed the ASI to proactively make public, under Section four of the RTI
Act, the details of illegal constructions, details of structures, colonies and
roads within 500 meters of the monument.
It also
directed the Uttar Pradesh Pollution Control Board to disclose what steps it
has taken to prevent eutrophication in Yamuna, affecting the marble beauty of
Taj Mahal, and to avoid the threat of Goeldichironomus swarm of bugs emanating
from the river.
An attack of
these insects had left the iconic white marble of the monument with
greenish-black blemishes. The insects had multiplied due to rampant dumping of
municipal solid waste in the river.
Eutrophication
is a process in which a water body becomes excessively rich in nutrients
because of run-off from the land. The phenomenon suffocates the water because
of high biochemical oxygen demand from plants.