Violation of RTI Act: Godhra civic chief asked to pay Rs 25,000 fine

The Indian Express: Ahmedabad: Tuesday, 04 August 2015.

The chief officer of Godhra municipality Nitin Borat, who is also serving as public information officer (PIO), has been asked by the state information commission to pay a fine of Rs 25,000, after the municipality failed to furnish information on five different Right to Information (RTI) applications.

Sabira Hanif Madari, the owner of a single-storey house in Kali Falia locality in Godhra, was left with rude shock after a team from Godhra municipality razed her house in February 2012, despite her claiming to be in possession of relevant documents showing that the house, from where the owner also ran a cottage industry manufacturing ice candy, was legally constructed and belonged to her. She took the matter to the Gujarat High Court and it is sub judice.

Following the incident, Madari sought various information from the civic body related to construction activities in Godhra using five different RTI applications. She asked as to why the civic body had not demolished 17 complexes situated in different localities in Godhra despite the HC order regarding the same in 2009. She also sought no-objection copies of “illegally” constructed houses and details on educational degrees of chief engineer with Godhra municipality, Bhadresh Pandya.

“The house was demolished without notice in February 2012. We had filed RTI applications to municipality, police and district administration. While replies were given by the two parties, municipality refused to give reply. The matter was taken to the deputy collector who is the appellate officer. When replies were not given despite the order of the appellate authority, the matter went to the state information commission. Despite orders by the commission to allow the complainant to inspect documents, the PIO failed to provide information, after which the chief officer of the municipality was asked to deposit a fine of Rs 5,000 to the applicant for not furnishing information for each of the five RTIs,” said Kasam Gathi, who assists Madari on legal matters.

“The respondent failed to furnish details sought under the RTI Act in time-bound manner, as per the section 7(1) of the Act. A show cause notice was issued as per section 20(1) of the Act and despite that, no replies were given. The commission orders the deputy collector (appellate authority) to slash money from the salary of the public information officer of the Godhra municipality (who is the chief officer of the municipality) in case he fails to deposit Rs 5,000 in government treasury as fine,” the order stated. When contacted, Borat said that he was yet to receive the order and was hence not in a position to comment on the matter.