File FIR if records can’t be traced: SIC to collector office

The state information commission (SIC), in an order, asked the public information officer (PIO) — responsible for information related to land records in suburban collector office — to file an affidavit over records not being available. The PIO was also asked to register an FIR over the same if the records were not traced and handed over to the applicant in time.

The order was passed by Sunil Porwal, state information commissioner (Brihanmumbai bench) after an RTI application was filed by Mahendra Shirke, a resident of Khar. In his application dated November 1, 2018, Shirke had sought details of an order pertaining to a plot of land passed by the collector office. The order was passed in 1985 and was about a dispute based on which the government had taken further action in terms of issuing a circular. The applicant wanted the order because he had filed an appeal and also wanted to submit other documents related to the order for a court case he was fighting.

The PIO in his reply to applicant stated that the 1985 order given was not available and that the first appeal was also rejected on the similar grounds that papers are not available. During the second appeal hearing, the applicant stated that a circular was issued based on the order of 1985 that he had sought. He added that he had file a similar application with another officer in Malad looking after land records details to seek the same information but there too he was not provided with any documents. The applicant also stated that his name was also removed from the records that was related to the order.

The commission while disposing off the appeal stated that it is expected that the applicant be given such an information. It added that after looking at the documents on records, the PIO should provide all information free of cost to the applicant in 15 days. If the PIO cannot trace the information and documents, then an affidavit be submitted by the PIO to the SIC stating the same and a copy of the same be provided to the applicant.