Comp 21+22/SIC/2013 on: 16/12/2014

GOA STATE INFORMATION COMMISISON

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

CORAM: Smt. Leena Mehendale, State Chief Information Commissioner

Complaint 21/SIC/2013

Complaint 22/SIC/2013

Decided on: 16/12/2014

Mrs. Maria Barreto,

H.No. 177, Maina Curtorim,

Salcete – Goa.

V/s

The Public Information Officer,

Miss Triveni Velip,

Mamlatdar of Salcete,

Collectorate, South Building,

Margao – Goa.

O R D E R (Open Court)

RTI application dated	:	22/10/2012
PIO reply dated	:	28/11/2012
First Appeal dated	:	Not filed
FAA Order dated	:	Nil
Complaint filed on	:	14/02/2013

Complaint No. 21/SIC/2013 and Complaint No. 22/SIC/2013 are taken up together as they are between the same appellant and same PIO (ISLR at Margao) and also regarding same survey No. 493/0 of Village Curtorim. It appears that two RTI applications were made respectively on 13/09/2012 and 22/10/2012 both being subject matter of Complaint 21/SIC/2013). A 3^rd RTI filed on 28/11/2012 and 4^th on 08/01/2013 are the subject matters of Complaint No. 22/SIC/2013.

Application dated 13/09/2012 is made to Mamlatdar Salcete asking for –

1) Provide survey Form I & XIV of survey No. 493/0 of Village Curtorim of Salcete Taluka.

2) If not available in your office inform the reasons for its non-availability.

…2/-

- - 2 - -

The Mamlatdar Salcete had replied on 08/10/2012 that the said forms I & XIV were not available in the computer generated record of the office. Then the RTI application dated 22/10/2012 was made to ISLR enclosing a copy of survey plan asking to provide –

• Provide survey form I & XIV of survey No.493/0
• If not maintained in your office record, then inform whether your office IS or IS NOT competent authority to maintain.
• If your office is not competent authority, then inform which office if the competent authority.

and 8 more questions, all of which basically display the frustration that between both the revenue authorities namely Mamlatdar Salcete and ISLR Margao, the form No I & XIV which display the presumptive ownership of the land have not been generated although the existence of survey plan indicates that survey in that village has been done for the purpose of generating form I & XIV.

Coming to Complaint No. 22/SIC/2013, the RTI application dated 28/11/2012 is not on our record, only its reference is given in the RTI application dated 08/01/2013. It shows that the ISLR gave her certified copy of Form No. 3 of the village record, but it does not show any promulgation of Survey No. 493/0. Hence the Complainant has once again asked a certified copy of the promulgation and some more questions relating to it.

Both the cases have been fixed for hearing together between the dates 29/04/2013 to 18/08/2014 and the complainant has remained absent throughout. The PIO and ISLR have remained present. ISLR orally explained on 30/05/2014 that once a promulgation for any survey number has been done by his office, form No. I & XIV are created in the office of the Mamlatdar. The promulgation for Survey No 493 was done on 29/07/1988 which is not same as promulgation of Survey No. 493/0. After 1988, if there are many partitions, then all the parts and parcels become due for re-measurement and re-promulgation. It is to be seen whether a piece of land called survey no 493/0 was actually carved out and if its promulgation has remained to be done.

…3/-

- - 3 - -

It was discussed with him that if some revenue record shows the existence of a parcel of land described as 493/0 then it should be possible for him to go to its depth and if prima-facia convinced about the genuiness of ownership, then to examine the possibility of re-creating the record such as form I & XIV, after following due process of land revenue code.

Finally on 19/08/2014 both the ISLR and the Mamlatdar of Salcete remained present and filed before me newly generated forms No. I & XIV in respect of Survey No. 493/0 showing total cultivable area as 04.25H and showing the name of Jeronio Barretto as owner. They informed me that this is done on the authority of a proper revenue order passed by Joint Mamlatdar Salcete under serial No. 219196 of village Curtorim and that the order as well form I & XIV would be dispatched to the complaint within 20 days.

Thus the main grievance of the complaint being non-availability of an important revenue document showing land ownership and the same having been redressed, I have no hesitation to close both the complaints, and dismiss all other prayers.

- - ORDER - -

Complaint No. 21/SIC/2013 and Complaint No. 22/SIC/2013 are dismissed. Order declared in open Court. Inform Parties.

(Leena Mehendale)

Goa State Chief Information Commissioner

Goa State Information Commission

Panaji – Goa