CENTRAL INFORMATION COMMISSION

Non-compliance Complaint
IN THE MATTER OF:
1. SANTHOSH KUMAR T M …………. Complainant
Vs
1. Sri. I Prabhakar, Dy. CE/CN/MYS (O) - (under CE/CN/IV/BNC),
Presently working at Construction/work Wing, South Western
Railway, Mysore Division, Mysore.
2. Shri. PVV Satya Narayana, Dy. CE/CN/ST (under CE/CN/II/BNC)
Office of Deputy Chief Engineer North II, Construction, Bangalore-46

IN THE MATTER OF:

RTI APPLICATION - SWRMD/R/E/20/00081 dated: 23.08.2020

RTI FIRST APPEAL – SWRMD/A/E/20/00017 dated: 15.10.2020
RTI SECOND APPEAL-CIC/SWRLY/A/2021/700037 dated 13.01.2021

INDEX OF NON-COMPLIANCE COMPLAINT

Sl. Items Page (…

No. to …)

01 Particular of Enclosures 1-2

02 Chronological Chart of RTI Application dated 02.07.2022 3

03 Original Non-compliance Complaint dated 01.07.2022 4-9

04 Copy of RTI Application dated 23.08.2022 (Annexure – A) 10

05 Copy of RTI First Appeal dated 15.10.2020 (Annexure – B) 11

06 Copy of Second Appeal dated 13.01.2020 (Annexure – C),

if received

1|Page
 07 Copy of Honourable Central Information Commission
Order dated 13.04.22 (Annexure – D),

08 Intimation Letter from South Western Railway Mysore

Division dated 21.04.2022 (Annexure – E)

09 Copies of received Documents (Annexure-F)

10 Any other supporting documents (Annexure – G)

Place: Sakleshpur
Date: 02.07.2022

(Signature of the Complainant)

SANTHOSH KUMAR T M

2|Page
 CHRONOLOGICAL CHART OF NON-COMPLIANCE COMPLAINT

of Mr. SANTHOSH KUMAR T M dated 01.07.2022

1. RTI Application Date: : 23.08.2020

2. Application mailed to ACPIO/CPIO on :23.08.2020

3. Application received by ACPIO/CPIO on :23.08.2020

4. Date of receipt of letter for paying charges : 01.09.2020

5. Date of remitting charges to CPIO : 01.09.2020

6. Date of decision of CPIO/Dy. CE/General/

Construction/BNC : No Reply/response

7. Date of receipt of decision of CPIO

by appellant/complainant : 05.09.2020

8. First appeal mailed to FAA on : 15.10.2020

9. Date of receipt of appeal by FAA : 15.10.2020

10. Date/s of personal hearing by FAA : Nil, No hearing.

11.Date of decision of FAA : 11.11.2020

12 Date of transferring First Appeal to concerned

Authority as per section 6(3) of RTI Act 2005 : 11.11.2020.
13. Date of decision taken by FAA (Dy. CE/CN/MYS)
by appellant/complainant : No response.
14.Date of Second Appeal/complaint : 13.01.2022

3|Page
 15. Date of Personal Hearing on Second Appeal
Reg. No. CIC/SWRLY/A/2021/700037-UM : 11.04.2022

16. Date of Order by the Honourable CIC on

Second Appeal/Complaint
Reg.No. CIC/SWRLY/A/2021/700037-UM : 13.04.2022
17. Date of intimation letter from SWRLY Mysore
Division
18. Date of Receipt of CIC order by the appellant :
19.Date of Receipt of Order by the CPIO’s(Respondents) : 23.04.2022
20. Date of receipt of Information sought from Respondents: No response.
21.Date of receipt of Partial Information : 24.06.2022

22.Date of mailing Non-compliance Complaint to CIC : 02.07.2022

Place: Sakleshpur
Date: 02.07.2022
Signature of appellant/complainant

4|Page
 RIGHT TO INFORMATION ACT 2005
Non-Compliance Complaint
Before
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka, New Delhi.
NEW DELHI 110067

Non-compliance Complaint No.______________ dated. ________________

(For Office Use Only)

Ministry/Department/Public Authority Details: Ministry of Railways/

South Western Railway/
O/o Deputy Chief Engineer,
North-II, Construction,
South Western Railway,
No.18, Millers Road,
Bangalore -560 046.
Name and Address of Public Authority : 1. Shri. I Prabhakar,
Dy. Chief Engineer.
Dy. CE/CN/MYS (O) - (under CE/CN/IV/BNC)
2. Shri. PVV Satya Narayana,
Dy. Chief Engineer,
Dy. CE/CN/ST - (under CE/CN/II/BNC)
O/o Deputy Chief Engineer,

5|Page

Applicant Particulars
Name of Applicant
Address Change Intimation
Change of Address of Applicant (if any)
Change of Mobile Number (if any)
Change in email ID (if any)
North-II, Construction,
South Western Railway,
No.18, Millers Road,
Bangalore -560 046.
` : SANTHOSH KUMAR T M
: Nil.
: Same Mobile Numbers.
: No changes.

Details of Application
Commission order No. & Date : CIC/SWRLY/A/2021/700037-UM
Dated 13.04.2022.
Response of CPIO
CPlO’s response received in Pursuance
to the commission’s Order : No. Partial Information (only a land
Plan)
Copy of CPIO Reply, if received : Attached as Annexure
Ground of Non-compliance application:
1. Deliberate obstruction in information as noncompliance of CIC order
CIC/SWRLY/A/2021/700037-UM dated on 13.04.2022 in furnishing the
information sought by the appellant under the information under RTI
Act
2. Non-compliance of specific directions of the Commission- The CPIO to
search for the information in the concerned section of the railways
and furnish it to the appellant in a span of 21 days from the date of
from the date of receipt of this order or if the CPIO is not able to
furnish the information, the CPIO has to file an affidavit before

6|Page
 Honourable Commission with a copy to the appellant within a period
of 21 days.
3. It is to be submitted that there is a communication by Senior
Divisional Engineer(Co-ordination) & PIO, South Western Railway,
Mysore Division vide letter number Y/W/135/RTI Act-2005, dated
21.04.2022 informing that all the documentations including issue of
notifications, certified land acquisition records, payment of
compensation issuing of gazette notifications for Land acquisition are
all processed and dealt by Construction Office Bangalore Cantonment
after the completion of project. And informed the appellant that only
land plan (which was provided earlier without sign or seal- submitted
the appellant in his appeal) is available and the same can be spared by
a cost of Rs.900/- is to be deposited in the account of SDFM or
Divisional Cashier of South Western Railway, Mysore Division.
4. I have received two land plans without signatures of the CPIOs
namely HM/L/44 and HM/L/44A (between KM 48 & 51) which is of
H.M. Railway Project IN 1968- a meter gauge rail line project between
Hassan Mangalore. The following documents are not provided by the
CPIO’s of South Western Railway Construction office,
(a). Indent placed on revenue authority for acquisition of land.
(b). Shajra duly verified.
(c). Notification Under section 4.
(d). Declaration under Section 6.
(e). Award.
(f). Attested copy of mutations
(g) Land Plans duly verified by the revenue authorities by
Showing details of mutation.
(h) cadastral survey map showing the alignment.

5. There was a land acquisition for gauge conversion project (meter

gauge to broad gauge- as per Central Government’s Uni-gauge Policy)
from Kumbradi Coffee Estate (between KM 48& KM 51) around 7
acres of land acquired in the year 2004-2005 which has not been
provided by the CPIO’s yet. The following documents are yet to be
furnished by the CPIO’s, they are
(a). Indent placed on revenue authority for acquisition of land.
(b). Shajra duly verified.
(c). Notification Under section 4.
(d). Declaration under Section 6.

7|Page
 (e). Award.
(f). Attested copy of mutations
(g) Land Plans duly verified by the revenue authorities by
Showing details of mutation.
(h) cadastral survey map showing all the survey numbers with
rail line alignment and the area has to be acquired.
6. It has been observed that the Karnataka Government
Revenue Authorities of Sakleshpur Taluk, Hassan District
fabricated the revenue survey sketches of railway land
in Kumbradi Coffee Estate Village (is in between
KM. 48.00 & KM 51.00 - CH: 11700 TO CH: 22000) and
entered false entries in mutation registers. Some of unauthorised
occupants have sold the railway land and building in
Kumbradi Coffee Estate Village, Sakleshpur Taluk,
Hassan District, to National Highways Authority of India,
in land acquisition proceedings of NH75(old NH48) four-line
construction in 2016. This is the reason which the CPIO’s are
not providing the Information sought in my RTI
reg.no. SWRMD/R/E/20/00081 dated 23.08.2020
6. I am a GPA holder of Shri. Govind MG, Parvathi M G, Bhagya Lakshmi
M G, owners of properties situated at Survey Numbers 1/4, 1/5 & 1/6
of Kumbradi Coffee Estate where shares boundary with South
Western Railway and could notice that there are mismatching
documentation with railway owned properties. There was a land
acquisition proceedings and a case with Viswesaraya Jala Nigam
Limited for yettinahole Project & NH 75 four lane project and the
above said persons affected in that. So it’s necessary to get railway
land acquisition documents as fast possible.

Hence this Non-Compliance Complaint.

8|Page
Prayers or Relief Sought:
I, SANTHOSH KUMAR T M humbly prays that the Honourable Central
Information Commission be pleased to:
1. Admit this non-compliance complaint and provide me the opportunity
of personal hearing while disposing of my complaint.
2. Summon and Enforce the attendance of CPIO’s and Compel them to
give written evidence on oath and to produce the documents (of
information sought in application No. SWRMD/R/E/20/00081 dated
23.08.2020) or things which is related to my RTI Application.
3. Instruct the CPIO’s in writing to give complete information with all
supporting documents (as cited in 4 – in grounds of appeal) as
requested in my RTI Application reg. no. SWRMD/E/20/00081 dated
23.08.2020.
4. Invoke its power under section 19(8)(c) of RTI Act 2005 to impose
penalty on Respondents as per section 20(1) of RTI Act 2005 and to
recommend disciplinary action against respondents as per section 20(2)
of the RTI Act 2005.
5. Invoke its power and direct the CPIO’s, in writing to comply the
Honourable Central Information Commissioner’s order in my Second
Appeal No. CIC/SWRLY/A/2021/700037-UM dated 13.04.2022.
Reasons for delay in filing non-Compliance, if any and grounds for
seeking extension of limitation of time.
6. Invoke its power of quasi-judicial power to order for an enquiry about
the malpractices done in railway land documents in the aforesaid village
(Kumbradi Coffee Estate Village, Sakleshpur Taluk- Km 48 to Km 51) in
Hassan Mangalore railway line.

Verification/Authentication:
I, Santhosh Kumar T.M. do hereby solemnly verify that the contents
provided above are true and correct to the best of my knowledge and nothing
material has been concealed therefrom. I also certify that the matter under non-
compliance application has not been previously filed and disposed or are pending,
with the Commission or any court.
Affirmed at.................... this............day of ...................

SANTHOSH KUMAR T M

9|Page
10 | P a g e