Appeal No. 73/SCIC/2014 arising from Appeal No. 121/SIC/2013 Decided on: 06/01/2015

GOA STATE INFORMATION COMMISSION

Ground Floor, Shrama Shakti Bhavan, Patto Plaza, Panaji – Goa.

CORAM: Smt. Leena Mehendale, State Chief Information Commissioner

Appeal No. 73/SCIC/2014

arising from Appeal No. 121/SIC/2013

Decided on: 06/01/2015

Mr. K.S. Ghate,

R/o. H.No. 648, Janaki Niwas,

Assagao, Badem, Post, Anjuna,

Bardez- Goa. ----- Appellant

V/s

1. OSD/Public Information Officer

O/o. Goa Coastal Zone Management Authority,

3^rd floor, Dempo Towers,

Patto, Panaji – Goa.

2.Member Secretary/First Appellate,

O/o. Goa Coastal Zone Management Authority,

3^rd Floor, Dempo Towers,

Patto, Panaji- Goa. ------ Respondents

O R D E R (Open Court)

1) This case has a background of Appeal No. 121/SIC/2013 in which order was passed on 11/04/2014. The original RTI application was filed on 26/08/2013. It was observed that the original RTI application lacked clarity and the appellant was given liberty to file a fresh RTI question. Accordingly new RTI question was filed on 21/04/2014 in which the appellant brought out the background of the case.

2) The Appellant has filed an order of GCZMA number GCZMA/N/08-09/74/1199 dated 17/12/2012 whose gist is as below-

• It is contented that some third party (Sirsaikar) of Village Panchayat of Assagao had renovated some existing structure. For its regularization, the Village Panchayat submitted plans to GCZMA (Goa Coastal Zone Management Authority) for ex- post facto regularization . It was inspected by a member and it was resolved in 48^th GCZMA meeting dated 20/01/2009 to grant ex post facto approval.
• However on a representation raised by the Appellant claiming that the third party had misled GCZMA by fabricating documents, all the record was sent to SDO (Bardez) to conduct summary inquiry. Pending the inquiry the ex post facto approval agreed to be granted for the plans of the third party in survey No. 25/6 at Badem Assagao was held in Abeyance and it was communicated to Village Panchayat vide letter dated 05/08/2009.

Contd---2/-

--2--

• Further the third party, the appellant and the TCP (Town and Country Planning) Department, made some divergent submission which were all taken into account by GCZMA in their 71^st meeting dated 09/08/2012. After going through the summary report and these statements it was decided to reinstate the ex -post facto approval. It was left for the TCP and the Village Panchayat Authority to take necessary legal action if they came to conclusion that the actual structure was not as per survey plans or related provisions of law.

• It is the claim of appellant that the abeyance of original ex-post-facto sanction which was of 2009, was lifted without any intimation or opportunity to him.

• On this background the appellant filed his original RTI application dated 26/08/2013 and for bringing clarity, another RTI application on 21/04/2014.

3) The RTI application dated 21/04/2014 states that

The GCZMA had kept the structure of the third party in abeyance however an order of re-instating ex-post facto approval was issued on 17/12/2012. The Member Secretary Mr.Michael M.D’Souza passed the order lifting the abeyance. The structure does not belong to Mr. Sirsaikar, it is illegal. There are documents listed in the RTI application which prove the above. Hence following information is asked

i) Furnish me the information that the structure kept for abeyance in S.No. 25/6 (part) at Assagao- Badem by Member Secretary Mr. Michael M.D’Souza.

ii) Furnish me the information that for illegal structure order was passed in S.No. 25/6 (part) at Assagao- Badem.

iii) Furnish me the information about the procedures involved during the granting of permission for repair/renovation.

iv) Furnish me the information regarding the photograph is mandatory in procedure of inspection.

4) On 15/05/2014 the appellant requested PIO to transfer his application dated 21/04/2014 to the then Member Secretary u/s 6(3). On 10/06/2014 the PIO invited the appellant to come for inspection of record. However the appellant filed his submission to the SCIC on 14/07/2014 which is taken up as present appeal No. 73/SCIC/2014.

Contd----3/-

--3--

5) The matter was fixed for hearing on 14/10/2014 when the appellant and the Member Secretary of GCZMA attended and argued the matter. It was finally understood and agreed that there was no need of inspection. For all the questions together, the present FAA or the PIO with approval of present FAA, should give the English/Marathi meaning of the operating para of Member Secretary’s. Order dated 17/12/2012 in case No. GCZMA/N/08-09/74/1199. FAA still insisted that the order means that the “proposal on paper” as submitted by Village Panchayat is approved, relying on order of the board dated 27/02/2009).However, he agreed to give a clarification along with Marathi Translation.

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6) Thereafter on 03/11/2014 the RTI appellant was once again allowed to file a Marathi copy of his RTI application. He having done so, the matter was finally taken up on 06/01/2015, When the appellant and new FAA attended the matter. The appellant explained that during the period of abeyance of the structure i.e between 27/02/2009 and 17/12/2012 two important irregularities have happened-

• The GCZMA, while reconsidering the issue of lifting abeyance, in their 71^st meeting did not invite the appellant despite the fact that the earlier order of abeyance was on the basis of his complaints.
• During the period of abeyance one RCC Engineer who had earlier given stability certificate in r/o renovated structure and which was the basis for regularization of structure as passed in 48^th GCZMA meeting was withdrawn by the said RCC Engineer.

7) The FAA and present Member Secretary pointed out that the question of these two irregularities does not fall under the purview of the RTI Act. On receipt of RTI application dated 21/04/2014, the concerned PIO has invited the appellant for inspection of files. But the appellant has not availed of the opportunity.

In view of this the FAA submitted that the present appeal may be dismissed. However he undertakes to look into all the details and take suitable action to remove the irregularities. In view of the above the present appeal No. 73/SCIC/2014 is agreed to be closed.

--- O R D E R---

The second appeal is dismissed as the issued raised are to be persued in another forum. Operative Order is declared in Open Court. Detailed order may be sent for information of all the concerned parties.

Sd/-

(Leena Mehendale)

Goa State Chief Information Commissioner

Goa State Information Commission

Panaji – Goa.