CIC issues show-cause notice to LCMA PIO

Srinagar, Sept 24: The Central Information Commission (CIC) has served a show cause notice to the Public Information Officer (PIO) of the Lakes Conservation and Management Authority (LCMA) for denying crucial information under the Right to Information (RTI) Act.

The CIC has further warned the PIO of a potential penalty of Rs 25,000 for the violation of RTI Act provisions, following a series of delays and non-compliance.

As per the official document, the Applicant M M Shuja had filed an RTI and sought information from LCMA, regarding the areas which have been demarcated as Green Belt by LCMA besides the number of Hotels existing in Green Belt.

The RTI applicant also sought names of water-bodies being monitored by LCMA, also the status of Khushalsar, Gilsar, Brari Nambal and the monitoring agency of these water-bodies as on date.

The applicant had also sought details about the total area of Dal Lake Srinagar during 1990 and the area as on May 31 of 2023 besides the details of illegal construction around Dal Lake and the steps taken by LCMA for demolition.

The applicant also sought details of plots allotted to Dal dwellers in Rakh Aarth and other areas, also the details of allottees who after allotted the plots have either sublet the same or have not shifted from Dal Lake.

The official communication issued by the CIC reads that following the delay in receiving the information from the CPIO, the Appellant filed a First Appeal on July 22 2023 which was not adjudicated by the FAA as per available records.

"Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal. Facts emerging in course of Hearing were that the appellant was present through video-conferencing while the respondent was not present," the official document reads.

As per the order issued CIC, the Appellant has stated that the relevant information has not been furnished to him within stipulated time frame. "He further stated that the PIO has furnished reply vide letter dated June 30, 2024, but the information furnished by the PIO was not complete and requested to direct the PIO to furnish information as sought," it reads.

The CIC order reads that the examination of the record of the case revealed that the inordinate delay in furnishing of information has not been explained or justified by the PIO LCMA.

"The respondent has not even bothered to attend the hearing nor explained the cause of his absence, such a lackadaisical approach towards RTI matters cannot be overlooked," the order reads

“In wake of this, the CIC has ordered the Registry of the Bench to issue a show cause notice to the PIO J&K LCMA to explain why penalty of Rs 25,000 should not be imposed for wilful violation of the provisions of the RTI Act by causing deliberate obstruction in the dissemination of information.”

"In doing so, if any other persons are also responsible for the omission, the PIO shall serve a copy of this order on such other persons under intimation to the Commission and ensure that written submissions of all such concerned persons are sent to the Commission," the order reads. The PIO, as per the order has been further directed to send the copy of supporting documents on which "he relies upon" in his submission as well as copy of reply sent via the RTI application.