Information will avail under RTI, if denied file appeal. Such information dose not comes under exception u/s 8 of the Act.
There are two cart tracks to my village from the nearby national highway. One is a village plan/map marked cartway (say R&B road) existing in records almost from British ruling. The second one is actually a village plan/map marked foot track which has been converted as a cart track ( say panchayat road) by the gram panchayat during 1999-2000 on public demand. Panchayat has constructed a metal road and we have personally contributed huge amounts and layed TAR on it and made it a strong road. These two roads covers 2-3 more villages in between. Till 2015-16 this panchayat road was extensively used by the villagers. Later, a high handed politician purchased large area of lands and grabbed these two roads and constructed a new cement road little far from the actual roads without govt permission. This cement road is comfortable to all three villages hence, no body is objecting his illegal activities. With this we have lost approach way to Our lands. Politician tried a lot to acquire our land under the cover of SEZ but collector suspended the acquisition orders and instructed the industries corporation to acquire the land only by private negotiations. My neighbouring land owner filed a case on the politician for the road access and making rounds to the court since 2015. I am not intending to go to the court and want to solve the matter at collector level itself. At present the joint collector seems to be very strict and sincere... hence I want to take a chance. i have few solid proofs. In addition to them I am trying to gather some more information under RTI act. Can we ask topography of the both R&B road and Panchayat road --- from MRO/Panchayat office..?? Can we ask the copies of set of correspondence that has been exchanged through MRO office and through panchayat Raj office during the road conversion from foot track to cart track by gram panchayat.... I.e. Villagers' request for road conversion, villagers' NOCs, details of MP funds used for thus road construction, MRO reports on panchayat road construction, Joint collector's instructions and Revenue Divisional Officer's instructions to MRO, Executive Engineer (panchayat Raj)'s permission letter, funds sanction details..etc.. If I don't get information under RTI, what next..? Finally, Am I going in a right way..??
Information will avail under RTI, if denied file appeal. Such information dose not comes under exception u/s 8 of the Act.
1) you can obtain details of both roads from pachayat office under RTI
2) you can seek Villagers' request for road conversion, villagers' NOCs, details of MP funds used for thus road construction, MRO reports on panchayat road construction, Joint collector's instructions and Revenue Divisional Officer's instructions to MRO, Executive Engineer (panchayat Raj)'s permission letter, funds sanction details..etc.
3) if your application is rejected file appeal before SIC
Right to Information (RTI) applicants can complain directly to State Information Commissions (SICs) or Central Information Commission (CICs) if no reply from either Public Information Officers (PIOs) or Appellate Authorities (AAs) has been received within a stipulated time frame.
Public information officer PIOs will be fined to the extent of the number of days they have not responded.
Yes all these information can be sought under RTI
If information is not given then you have right of appeal before appellate authority and then State Information Commission
Hello,
If you do not get the reply after filing of the FIR then you may file an appeal before the Appellate Authority.
Yes you are going in right direction.
Regards
Thank you for your valuable advices. If a public/government property like roads, is destroyed or occupied or encroached, and it is effecting us, can we file a criminal case..?? In our case, Can we claim Easement rights..?? Since my opponent is a sitting Member of parliament, ( he is the managing director of his company which constructed concrete compound wall around our lands) can we file case directly on him..? Can we ask for fast track court..?..
SC has directed cases against politicians should be transferred to fast track courts
2) if public property is encroached upon and muncipal corporation refuses to take action file writ in HC for demolition of encroachment made
Dear Sir,
If you don't get information under RTI Act, within 30 days from the date of receipt of the application, then you can file a first appeal under section 19 of the RTI Act. PIO should be sending you the RTI reply within a time period of 30 days. These 30 days are counted from the date your RTI Application was received by the PIO. It is mandatory for the PIO to reply to your RTI application within this time period.
Can we ask the copies of set of correspondence that has been exchanged through MRO office and through panchayat Raj office during the road conversion from foot track to cart track by gram panchayat.... I.e. Villagers' request for road conversion, villagers' NOCs, details of MP funds used for thus road construction, MRO reports on panchayat road construction, Joint collector's instructions and Revenue Divisional Officer's instructions to MRO, Executive Engineer (panchayat Raj)'s permission letter, funds sanction details..etc..
You can very well seek all the above information by filing an application through RTI Act.
The authorities are bound to give the information becasue they are of public interest.
If I don't get information under RTI, what next..?
You can file an appeal and second appeal and an appeal till the PIO, if you dont get any information then you can approach court seeking to intervene and direct the information officer for divulging the information sought
If a public/government property like roads, is destroyed or occupied or encroached, and it is effecting us, can we file a criminal case..??
Criminal case is not maintainable;
In our case, Can we claim Easement rights..??
If that is the common way or the path way available for road access a for ingress and egress easement rights, you can file a suit seeking easement rights;
Since my opponent is a sitting Member of parliament, ( he is the managing director of his company which constructed concrete compound wall around our lands) can we file case directly on him..?
You are going to file a suit agaisnt the company and not on the individual, hence you may proceed.
Can we ask for fast track court..?..
It is not your choice.