CMDA in dock for suppressing info

D Suresh Kumar, TNN, Oct 1, 2010; CHENNAI:

The Tamil Nadu Information Commission has pulled up the Chennai Metropolitan Development Authority (CMDA) for violating the provisions of the RTI Act by suppressing documents relating to an alleged post-facto building plan permission granted to the 12-storied IIT Madras Research Park in Taramani.

In a recent order, state chief information commissioner S Ramakrishnan (since retired) and information commissioner G Ramakrishnan said: "The commission will uphold the complaint. The member-secretary, CMDA, is directed to file the explanation of the public information officer before the commission within three weeks as to why penalty as per the (RTI) Act should not be imposed upon him."

The information commission also sought to know why further action should not be recommended against the CMDA's public information officer for making a false statement that the information sought for was not available.

Two years ago, E Muralidharan, a Chennai-resident, had submitted an application to the CMDA under the RTI Act asking if the agency had granted building plan approval to the IIT Madras to construct various multi-storied buildings, including the IIT Research Park, on its campus. Initially, the CMDA responded that the IIT Madras authorities had not filed any application seeking plan permission.

Muralidharan said he had learnt that the CMDA had granted post-facto plan approval for the IIT Madras Research Park and sought to inspect the documents to ascertain on what basis the agency had granted the permission.

"As per the Madras high court ruling, buildings constructed in violation of the CMDA guidelines beyond February 22, 1999, cannot be regularised under any circumstances. I wanted to know how the CMDA had granted post-facto approval for the Research Park building which was completed only this year," Muralidharan said.

When the CMDA refused to furnish the information, he filed an appeal before the state information commission.

"At the enquiry, the public information officer, CMDA, stated that no records are available and they have told him (Muralidharan) that no planning permission is required as per Section 49 of Town and Country Planning Act. But there is no such statement in the said Act. It is clear that planning permission is required," the commission said in its order and upheld the appeal.