document under rti act. 2005.
Samudra
(Querist) 01 May 2019
This query is : Resolved
In my case i have obtained a document from the authority, a XEROX copy ( Which was issued with a covering letter). Distrct court and also deffendant says this Only Xerox copy , this cannot be usedas evidance, Only Certified copy should be admitted as evidane. Please Learned EXPERTS OF THE forum to clarify this , if possible with courts Judgements.
In my second case when i approched Deffence authourities for a Copy of the Lease deed ( this Land was taken by Army under lease from my grand mother,The land is still under their occupation even after the LEASE is Expired) , The Deffence estate Officer refused to give me the copy of the same citing this ( LEASE AGREEMENT was) is more 20 years old. How solve this problem.
Thankig YOU ALL expecting an reply, Please.
kavksatyanarayana
(Expert) 01 May 2019
If both documents are registered, then you can obtain them from the authority concerned. The authority concerned will issue the certified copies.
Dr J C Vashista
(Expert) 02 May 2019
The Military Estate Officer (not "Deffence" estate officer as mentioned by you) can not refuse to supply copy of Lease Deed, if you have applied under the provision of Section 6 of the Right to Information Act, 2005 and paid the amount of charges, as applicable. The document supplied by MEO is valid and admissible in evidence, if it is "attested" to be true copy, which cannot be termed as "certified" copy.
However, if the MEO did not provide attested copy as applied, move appeal u/s 19(1) of the Act through your lawyer.
You may seek further guidance of a local prudent lawyer for better appreciation of facts/documents, advise and proceeding.
Sudhir Kumar, Advocate
(Expert) 02 May 2019
Plea plea of DEO is wrong.
You can
either
compel certified copy through a long drawn procedure of directions from CIC/High Court. By the time your suit may not wait.
or
you can get the authority summoned before the Court to testify the Xerox copy provided under RTI.
Samudra
(Querist) 02 May 2019
Thanking you ALL for your QUICK reply
