Rajneesh Madhok
24 December 2009 at 18:13
To
The Honourable Minister,
Local Government, Punjab,
Chandigarh.
To
1. The Director-Cum-Special Secretary,
Department of Local Government, Punjab,
SCO 131-132, Juneja Building,
Sector 17-C,
Chandigarh
Ph: 0172-2728241
2. To
The Principal Secretary,
Local Government, Punjab.
Chandigarh
PLOT ALLOTED AT RS 37,800/- PENALTY & ENHANCEMENT CHARGES PAID IN LAKHS, STILL THE OWNERS RUNNING PILLAR TO POST TO GET THEIR RESUMED PLOTS RESTORED
Complainant: Rajneesh Madhok, B-xxx/43, Nehru nagar, St. no. 2, Railway
Road, Phagwara-144401 (Pb)
VS
1. Public information Officer, Improvement Trust, Phagwara
2. First Appellate Authority, Improvement Trust, Phagwara.
INSPECTION MADE ON DEC 23, 2009 BY ORDER OF HON’BLE STATE INFORMATION COMMISSION, PUNJAB.
NUMBER OF IRREGULARITIES BUT NO ONE CARE FOR COMMSSION’S ORDERS/ PIO & FAA ARE HELPLESS
Sir,
In addition to the information not provided to me yesterday. The additional required information from the File of Plot No. 683, Guru Hargobind Nagar, Phagwara.
1. The agreement for sale by Phagwara Improvement Trust on Re One+Re One + Twenty Five paise+ Plain Paper signed by Mr. Charanjit Singh intended Vendee (From whom I had purchased the said plot)
2. Noting Sheet of Charanjit Singh Allottee of Plot No. 140, on which the stay order has been issued . The document is regarding the receipt of stay.
3. Copy of Letter written by Mr. Rajan Kashyap, Secretary D.O. No. PS/SLUB-86/3560 to the Deputy Commissioner Kapurthala.
4. Noting Sheet of Plot No. 140, Hargobind Nagar.
5. xxxxxxxxxx By mistake slipped to point no. 6. Nothing in Point 5.
6. Noting Sheet No. 128 duly typed in Punjabi with additional note hand written.
7. Site Plan of 683. Drawn by Mr. Bhatia, Checked by Ashwani Kumar.
8. Copy of Power of Attorney deed by Charanjit of Plot No. 140 on NJ Paper of Rs 5+5+5
9. Copy of General Power of Attorney
10. Copy of Affidavit by Shri Chandresh Singh Attorney of said plot.
11. Copy of Undertaking by Rajneesh Madhok on Rs 10/- Non Judicial Paper Datd 22/6/1989 regarding enhancement of Sale price. As er file document No. 140 & 141, the attached documed of Rs 5/- has been cancelled as the attachment of First document.
12. Copy of Affidavit by S. Harbans Singh S/o Sh. Bachint Singh, Attorney—Document No. 142 on NJ Paper of Rs. 5/- only.
13. Document No. 143, Affidavit of Harbans Singh on Rs 5/- NJ Paper
14. Copy of agreement signed by Sh. Harbans Singh S/o Bachint Singh on NJ Paper of 50 Paise+ 50 Paise+50 Paise+ 50 Paise+50 Paise+50 Paise (Total papers 6) No. 6701 dated 22/6/89.
15. Document No. 150, Change of ownership No: 932 dated 11-7-1989 issued by Improvement Trust, Phagwara.
16. Document No. 151 Vide memo No. 335/513 dated 16-3-92/ 8-4-92 regarding enhancement fees. It is mentioned that the concerned person has not received the notice (Written in Note Sheet) ----No documentary proof attached about delivery of letter.
17. Copy of Notice no. 491 dated 4/9/93---- No proof of delivery.found in record.
18. Note no. 768 dated 1-12-98 regarding your Personal attendance—153. The proof of delivery is not in record. Photocopy kindly be submitted.
Details of Dues
Year Plot/Penalty per Sq ft Amount Interest
1992 200*15=3000 3000-00 2160-00
1993 200*20=4000 4000-00 2400-00
1994 200*25=5000 5000-00 2400-00
1995 200*35=7000 7000-00 2520-00
1996 200*40=8000 8000-00 1920-00
1997 200*45=9000 9000-00 1080-00
1998 200*45=9000 9000-00 ----------
----------- -----------
Total 45000-00 12480-00
Add interst 12480-00
-----------
57480-00
Charges 1-1-91 to 31-12-98 6900-00 (Explanantion of this figure ?)
Total: 64380-00
Charges for 1999 200*55=11000 11000-00
Total 75380-00
This amount of penalty had been deposited in 1999. Paid Rs 75380/- Vide Banker’s cheque/ Demand Draft.
19. Copy of Memo No. 251 dated 30/3/1999 issued by Executive officer , Improvement Trust Phagwara under Registred cover---No proof of attachment.
20. Copy of letter written by Rajneesh Madhok on 29th Dec 1999, Document No. 156, to The Executive officer, Regarding deposit of dues up till 31/12/1999 amounting to Rs 75,380/-.
21. Document No. 157 regarding resumption of plot no. 683. No document proving the delivery of notice. ---Copy not provided by PIO.
22. Document No. 158, Memo No. 212 dated 18/2/2000 regarding resumption of plot. No proof of delivery provided by PIO.
23. Copy of document No. 159, Letter No. 51 dated 14/1/05 regarding Memo No. 212 dated 18/2/2000 signed by Rajneesh madhok on 10/2/05.
24. Document No. 160, Plot No. 683.
Details that the previous deposits of Penalty have been made till Year 1999.
Year Area Rate Amount Interest Months
W.e.f. 2001 to 31-1-05
4 years 1 month
2000 200*60- 12000-00 5880-00 49
2001 200*75 15000-00 5550-00 37
2002 200*75 15000-00 3750-00 25
2003 200*75 15000-00 1950-00 13
2004 200*75 15000-00 150-00 1
1-1-2005 to 30-6-2005 15000-00
(200*150/2=15000)
Total ---------- ------------
87000-00 17280-00 (Interest)
Add interest 17280-00
Grand Total 1,04,280-00
25. Copy of letters received From Hon’ble Deputy Director. The Hon’ble Deputy Director had directed to report till 15/5/2006. The copy of all correspondences are missing in the file. Reminder No. 3DDSS-2006/6928 dated 10/5/06
26. Dcoument No. 162, Copy of my letter received from Hon’ble Deputy Director, Local Govt, regarding my appeal against resumption. The attached copy of letter is the Photocopy attached in Font at the maximum of 5. We cannot read the original document attached. If we take the photocopy of the same it will not be readable print. Kindly enlarge the copy and take printout and provide me certified copy of the document.
27. Query No. 11 of RTI application is proved in which the PIO has replied that Regional Deputy Director, Local Government, Jalandhar’s corresspondance is not available in the record. The applicant should be provided those documents after searching out the lost documents.
28. The information regarding registration made to the First allottee/ second allottee and subsequent registration made has not been provided.
29. The Stamp Paper attached with the Registration Deed kindly be provided.
30. Query No. 16 & 17 of my RTI application, the action taken report on the change of usage from residential plots to commercial plot The action taken documents could not be presented by the PIO. The PIO says that the concerned officer Mr. Pawan Kumar has gone to Nawanshahar and all the documents pertaining to the action is lying with his record. He told that the action had been taken vide T.R. No. 10. No document regarding change of usage has been provided. No evidence in record provided. There is no record of Penalty charged and received from the offenders.
31. Regarding covered area violation the penalty recovered, Not provided. As per rule the permissible constructed area is 66% for 500 Sq Yds plot holders and not more than 80% in case of 200 Sq yds plot holders. No record has been presented during inspection. As there are 100% violators of covered area.
32. In RTI Application the applicant had requested to whom the applicant can approach to get relief regarding resumption. The reply was that there was no such provision. Even today no documentary proof could be provided.
33. Under Query No 22 of the RTI application the copy of notification of 85% covered area that has been granted could not be provided with documentary proof by PIO. The copy of Press notification has been presented to the PIO for comments.
34. No document has been provided by PIO on my query in RTI application about the plot holders those have got their plots registered. There is no documentary proof available with PIO.
Now the PIO has directed to inspect the remaining documents on 31st Dec 2009.
Yours faithfully,
Rajneesh Madhok,
B-xxx/63, Nehru nagar,
St. no. 2, Railway Road,
Phagwara-144401 (Pb)
Ph: 01824-262569 (O), 268210 ®, 094173-06415
Tele-fax: 01824-262569, E-mail: rajneesh_madhok@yahoo.com; rmadhok_pgm@bsnl.in
The points to be noted:
The total cost of plot is Rs 37,800/-, the Improvement Trust, Phagwara has been collecting Rs. 150/- per Sq. yard + interest. As I am the plot holder the charges will be as under. If we calculate the amount of penalty as per the calculation of Improvement Trust, Phagwara as per their record of 2005 @ Rs 150/- per Sq. yds.
Year Size of plot Sq yds Rate of penalty Penalty Interest
2005 200*75=15000 Rs. 75/-per S.Yds 15000-00 9900-00
(Six Months)
2006 200*150=30000 Rs. 150/- per S.Yds 30000-00 18000-00
2007 200*150=30000 Rs. 150/- per S.Yds 30000-00 14400-00
2008 200*150=30000 Rs. 150/- per S.Yds. 30000-00 10800-00
2009 200*150=30000 Rs. 150/- per S.Yds 30000-00 3600-00
Total: 135000-00 56700-00
Add interest 56700-00
191700-00
Add my dues if we calculate from 30/6/2005 104280-00
Add interest from 2005 to 2009 the period on which
The resumption has been made. 18146-00
Grand Total due from me if released today and no
Enhancement of Non construction charges made. 3,14,126-00
Sir,
The resumption is made by the Improvement Trust, Phagwara and the cost of the plot is 37,800/-. If it is released today then I shall have to pay Rs 3,14,126/- as penalty. Though I have already paid in lakhs to Improvement Trust, Phagwara as penalty. The Trust keep on harassing and one pretext or other by penalizing the customers. Still I am the offender and Improvement Trust has created the novel formula to harass the public by charging in exorbitantly.
On 23rd Dec, 2009 I made inspection in Improvement Trust office, Phagwara as per the orders of the Honourable State Information Commission, Punjab. It is really amazing how the Government officials make amendments and making changes on their own, in one side they are writing that that the violations have been made and they themselves release the plots on the pick and choose policies. In one letter the Chairman writes that the resumed plots should be restored, In the next letter to the Secretary the Chairman writes that such and such plots have been restored. Again there is no criteria of resumption or restoration.
1. The department officials admit that the violation in building bye laws have been made by 100% residents of Improvement Trust Scheme No. 1, Guru Hargaobind Nagar, Phagwara but they are silent about presentation of record of action taken against the violators. Everyone has violated building bye laws, Some due to non construction, some converted from Residential to commercial and others in not constructing according to site plan. Almost all the occupants have covered more than the permissible limit. But the officials are mum and have no record for the action taken against them.
2. The names of erring officials are not being provided. The only point PIO says that most of the officials have got retired who were supposed to take action.
3. Plot numbers 90/3, 226/3, 342/1 (Improvement Trust Scheme No. 1, Hargobind Nagar), 440/1 (Improvement Trust, Scheme No. 1, Hargobind Nagar), 138/3, 258/3, (319/1, 320/1 and 323/1 These three plots detail has not been provided about the action taken against these offenders, All these three plots have been converted from Residential to commercial buildings in the name of Krishna Tower, The State bank of India’s main building, Bank of Maharashtra are situated in these buildings. These plots got restored after the 14-02-205) (Improvement Trust Scheme No. 1) those have been ordered to be resumend for violations have been restored. I asked at what criteria the above mentioned plots have been restored but there was no solid reply. The documents pertaining to these plots not provided to me. All the above-mentioned parties are being treated as V.I.P. for the best reasons known to the department. They made violations hundred times more than the person who could not construct but the department has taken lenient view to them.
4. The procedure adopted to restoration of plots is a great conspiracy. The petitioner request to conduct of inquiries and source reports.
5. I shall proceed with the investigations from Vigilance Bureau to conduct fair investigations based on the reports.
6. No official has complied with the instructions laid down by the department.
7. There are so many irregularities in the records but no erred official has been punished under the Government Employee Conduct Rules, 1966, and the Punjab Civil Services (Punishment and appeal) Rules, 1970.
Grievances: Documents form Government Instructions File:
1. Certified copies of the documents sought has not been provided by the PIO. Improvement Trust, Phagwara and promised to deliver on 21st Dec 2009.
2. No other documents are available in addition to the said file—says PIO.
3. Dispatch register regarding dispatch of letters to the Deputy Director, Local Government and the date of Receipt and dispatch of letters has not been mentioned.
4. List of plot holders who made applications for registration has not been provided.
5. List of plots released / restored by Improvement Trust, Phagwara, after 14-02-2005. Plots restored 90/3, 226/3, 342/1, 382/1, 440/1, 139/3, 258/3, 319/1, 320/1 and 323/1 submitted the PIO not provided the details about the restoration of the said plots.
6. Trust Proceedings resolution copy No. 11 about restoration/ reinstate of plots those have been resumed demanded but not provided so far.
7. The list of resumed/ Confiscated plots with reasons of restoration documents demanded with evidence but not provided by PIO.
8. Letter No. 8/73/04-05LGII/18369 dated 26-10-2005 pertaining to Memo No. 8/73/94-5LGII/18883 dated 26/10/2004. Tagged with flag not provided.
9. Memo No. 8/73/04-05/LGH/18369 dated 26/10/2004 regarding policies of restoration of resumed plots/ flats/SCFS etc Tagged –2 (Regarding file Government instructions)
10. Memo No. 8/158/95-2LGII/1837 dated 20/2/96, the time limit of cancellation of resumption earmarked is three months. With file notings under Diary No. 43/26-2-96. The Executive officer has marked the compliance of order with signatures of Mr. O.P. Gill—Tagged 3.
11. Letter No Diary No. 234/5/12/95, Memo No. 5/539/95-ALGII/20638 dated 1-12-95 regarding Freezing of allotment of residential plots/ flats in improvement Trust.
12. Memo No. 5/531/9-3LGII/6722 dated 25/6/96 regarding guidelines of execution of Registration deed on the basis of Power of Attorney.
13. Memo No. 290 dated 16/7/98 signed by Supdt. Improvement Trust, dated 15/7/98 regarding proceeding no. 16 dated 28/4/95 in two pages.
14. Note sheets regarding the Registration deed of vacant plots Letter No. 5/426/97/4SS2/12255 dated 27/10/98.
15. Notification Memo No. 5/426/97/4SS2/ 2235/ Dated 27/10/98.
16. Memo No. 5/245/95-2LGII/15973-74 dated 16th December 1999. Diary No. 9, dated 11-1-2000 under heading Allotment of plots to Local Displaced persons.
17. Letter No. 5/245/95-4LGII/4068 dated 17/4/2000 regarding allotment of plots to local Displaced persons Dirary No. 31/3 datd 3/5/2000.
18. Memo No. 5/261/2000-LGII/15547 dated 16-11-2L Diary No. 363 dated 20-12-2000 regarding concessions with regard to waivals to the deserving individuals.
19. Memo No. 5/174/89-4LGII/11133 dated 4/9/01 Dirary No. 234 dated 5-9-2001 regarding POLICY REGARDING RESTORATION OF RESUMED PLOTS. Please refer to Pb. Govt. Memo No. xx74/89-3LGII/326 dated 23/4/1992 followed by Memo Nos 5/174/89-3LGII/20242 dated 17th Nov 1995 & 5/174/89-3 LGII/5005 dated the 30th April 1997 in the order it is mentioned to provide reasonable & sufficient opportunity to the defaulting allottee/ vendee by way of proper show cause notice.
20. Memo No. 190 dated 9/4/2003 issued by Sub Divisional Magistrate, Phagwara-Cum-Adminsitrator Improvement Trust, Phagwara regarding restoration of the resumed plots. Regarding Government’s memo No. 5/174/89/3LGII/15517 dated 3-12-1999.
21. Copy of letter issued by Regional Deputy Director, Vide Dairy No. 31/ Dated 8/109 (Not clearly visible) regarding Memo No. 8/87/2002-3SS2/16115 dated 26-12-02 regarding action taken. Before taking action the Deputy Director should be consulted. The document is signed by the Superintendent.
22. Diary No. 446/ dated 5/11/03 Regarding waiving the Non –Construction charges. Regarding the policies framed dated 31-01-2003, In this page the instructions in note sheet is that the Chairman may kindly note for the information.
23. Memo No. 5/304/2003-2SS2/10015 dated 18/6/04 Diary No. 107/28/6/04 regarding PUTTING BAN ON AUCTION OF PROPERTIES OF IMPROVEMENT TRUST.
24. Letter by the Chairman Sh. Balbir Raja Sodhi, Letter nO. 344 datd 26/5/05 to the Hon’ble Minister Local Government regarding providing approval for Restoration of resumed plots. In this letter the specific plots have been mentioned to be restored Not mine plot. In this letter its is mentioned that the persons attended Plot No. 90, 228 of Shaheed Bhagat Singh Nagar, Plot No. 342 of Scheme No. 1, Guru Hargobind Nagar, It is mentioned that those wre directed to deposit the amount up to 30-6-2005. As per the meeting held on 14-2-2005 Proceeding No. 11 regarding Restoration of plots. It is mentioned in the letter that these plots have been restored and the orders have been confirmed ---- “ Ih plot bahal kar ditte san jis di pushti kiti gayi hai” Kindly provide the copy ----Pick and choose policy of the Improvement Trust, Phagwara.
25. Letter No. 722 dated 25/11/05 written by Shri Balbir Raja Sodhi regarding the Approval of Restoration of plots resumed due to non-construction. In continuation of Letter No. 5/174/89-3 LGII/ 19517 dated 03-12-99 . The restoration of plots No. 90, 226 (in Improvement Trust Scheme No. 3), 342 in Guru Hargobind Nagar. ---Kindly note.
26. Letter No. 48 dated 24-01-06 sent by the Chairman, Sh. Balbir Raja Sodhi Regarding Approval to Restore the plots resumed due to non-construction. The contents of the letter is. As in the cases of resumed plots the Total Sale money has already been deposited in Trust funds so the resumption of these plots are Baseless and so many plot holders can go for litigation against the Trust. So, considering the justice, natural justice and good conscience and considering/ saving the interest of Improvement Trust, the Government is requested to issue the orders of restoration of the already resumed plots. So that the affected persons appeal can be entertained and the matter be resolved.
27. Letter Diary No 50 dated 22/2/2006 regarding allotment of plots and providing the possession/ Conveyance deed—In which it is mentioned that Executive officer will be responsible for any lapse.
28. Diary No 294 dated 7/8/06, Memo No. 8/103/06 (II)-2SS2/6274 datd 2nd August 2006, Regarding the restoration of plots under discretionary quota those have been resumed. Regarding extention of time due to Non-construction. Regarding the Memo No. 7/III/04-2SS2/17881, dated 29-11-05. Kindly note the reference made on it. It has been decided by the Governement that the plots those have been restored, those should be granted the time of one year for the construction. Regarding this action all the cases should be combined and the the information to all the allottees should be provided. This letter is signed by The Additional Secretary.
29. Letter By Additional Secretary, Local Government, memo No. 9/6/07 (36) 4 SS 2/3946 dated 11th June 2007 Diary No. 276 dated 25/6/07, Improvement Trust, Phagwara Note sheet entry 25/6/07 Regarding Improvement Trust’s plots auction and allotment--- It has brought to the notice of the Governement that The Schemes floated by Improvement Trust regarding sale of properties. Regarding sale of properties there is no concrete policy (Koyi thos policy nahin hai) and by every Trust the applications are invited on different time.
30. Letter by Mr. Tejesavi Bhardwaj, Chairman, Improvement Trust, Phagwara regarding Restoration of the plots resumed due to Non-construction, No. 1090- dated 12/10/09. The Governement is being written--- Regarding letter No. 5/174/85-3LGII/15517 fsyrf 3-12-99. The reference of the letter dated 3-12-99 is given. That the alottees who have not constructed the plots in the stipulated time of 3 years, those plots have been resumed. ------ It Is being brought to your kind notice that those plots have been resumed by the Trust in those cases the proper notices have not been issued and they have not been written to deposit the balance amount and the amount deposited in Trust funds has not been forfeited . So, the proper way of resumption has not been adopted regarding those plots. In the light of Government Letter No. 8/73/04-05LG2/18369 dated 26/10/09, the trust office has issued the letters for personal hearings. In the compliance of the order the Plot No. 90 and 226 of Scheme No. 3 (Shaheed Bhagat Singh Nagar’s and Plot No. 342 Guru Hargobind Nagar’s purchaser have personally attended the office and deposited the requiste fees in Trust account. This matter has been considered in the meeting of the trust held on 14-2-2005, Proceeding No. 11 (Copy Attached) and this has been decided that due to the deposit of the Non construction charges by the above mentioned plot holders those plots have been restored and in future the rights to restore the plots has been provided to the Chairman. This proceeding has been stayed by the Government vide memo No. 8/33/05-3SS2/3129 dated 3-3-2005 (Copy attached). Regarding the Proceeding No. 11 dated 14-2-2005 the Plot No. 90 Scheme No. 3 , Government Memo No. 7/29/06 (19)-2SS 2/629 dated 25-01-07 (Copy attached) and Plot No. 342 Scheme No. 1, Govt’s memo No. 8/33/05-2SS2/3587 dated 05-05-06, the above mentioned plots have been restored.
Now this time Scheme No. 1’s Plot No. 683, 270-A, 742 and Scheme No. 3’s Shop cum Flat No. 713 have been resumed. As the total sale money has been deposited in Trust funds, so the resumption of these plots is baseless (Niradhar) and so the plot holders can unnecessarily create litigation against the trust. So, considering the public interest and to save the Trust for unnecessary litigation, the Govt. is requested to lift the stay on the Proceeding No. 11 dated 14-02-05 and the orders of restoration of plots kindly be released
The above mentioned points have been collected from the Government Instructions File.
Thanking you,
Yours faithfully,
Rajneesh madhok
Anonymous
23 December 2009 at 18:01
Dear Sir,
The following questions i want answer:
1)Methods of constitutional Amendement?
2)Limitation on constitutional Amendment?
3)Center - State Relations?
4)State Liability?
5)Emergency Provisions?
I request you to kindly send the answer asap.
Regards,
Ravi M
Anonymous
22 December 2009 at 13:54
This is the problem in respect of separate state of “Telangana ” from Andhra Pradesh. The Central Government on 9th December,2009 announced that “ they are willing to give separate state and further announced that start the procedure”.
As against the said announcement, now the people of Andhra struggling on various aspects from various sides, resulting Andhra Pradesh is in bad condition. Even from the date of announcing, the Union Government is not in a position to controle the entire situation and simply watching. At this movement, it was heard that they are going to announce “something” with a view to controle the over all situation, today.
In this present situation can the Central Government asks all parties of MLAs to have a discussion about the situation and come forward with a suitable solution and according to their suggestions only, they can take steps or not?
Anonymous
20 December 2009 at 15:26
Dear Sirs
If the member dies then the EPF/PPF is not attachable from its nominee sec 10(2) of act.Then why should it be attachable if the member is alive & withdraws the EPF/PPF and is able to prove that this is from that a/c on his retirement after 60 years of age.
Pl. enlighten
Regards
Rajneesh Madhok
20 December 2009 at 13:50
Kindly suggest how the informations can be collected from the PIO
प्रिय मित्र,
हाल में मैं ने, नगर पालिका फगवाड़ा में पदासीन सुप्रिंटेडेंट से राज्य सूचना कमीशन के आदेश पर छान बीन (इंस्पैकशन) उपरांत जब जाने पर हाथ मिलाते हुए अल्विदा ली तो उस ने कहा कि
मघोक जी, "जब हर शाख पे उल्लू बैठा हो अंजामे गुलिस्तां क्या होगा।"
मैंने भी यह जुम्ला छोड़ दिया--
"अंधेर नगरी चौपट राजा, टके सेर भाजी टके सेर खाजा"
भैय्या अब दिन दूर नहिं जब फल और भाजी खरीदने के लिए अब तो पर्सनल लोन लेना पडेगा
तभी तो महंगाई की दर पिछले सप्ताह् सबसे निचले पायदान पर सुस्ता रही है,
"****** का हाथ, आम आदमी के साथ" है,
महंगाई दर जब शून्य के करीब पहुंच गई है, तो यह मान लिया जाए कि बाज़ार अब तो टके सेर भाजी और टके सेर खाजा वाली स्थिती में पहुच गया है,
आखिरकार मैंने इन शब्दों से विदा ली,
''बरबाद गुलिस्तां करने को एक ही उल्लू काफी था ,अंजामे गुलिस्तां क्या होगा ,हर शाख पे उल्लू बैठा है''
Before The State information Commission Punjab,
Sco 84-85, Sector 17-C, Chandigarh.
Rajneesh Madhok, B-xxx/63, Nehru Nagar, St. No. 2, Railway Road, Phagwara V/s Public information Officer, Muncipal Council Phagwara.
AC NO: 883/2009
COMPLAINT U/S 18 OF RIGHT TO INFORMATION ACT 2005
NO DOCUMENT HAS BEEN SUBMITTED BY PIO, MUNICIPAL COUNCIL, PHAGWARA AS PER INSPECTION MADE ON 18TH DECEMBER 2009
List of Photocopies required from Sh. Ashwani Kumar, Rakesh Kumar & Rajinder Kumar SSO/Kewal Krishan Sudhir, Central Town, Phagwara’s File of Sudhir Sweets.
1. Certified copy of Document containing Site map No. 81, List of papers attached.
2. Certified copy of Form A Notice to construct under building Bye laws framed by Municipal Council.
3. Certified copy of memo No. 212 ME dt 06/07/09 Regarding the approval about construction of the building
4. Certified copy of Note Sheet to M.E. issued by PIO.
5. Certified copy of Note Sheet of site plan not clearly visible of Proposed building plan of Sh. Ashwani Kumar, Rakesh Kumar and Sh. Rajinder Kumar SS/o Sh. Kewal krishan Situated at Central Town, Phagwara.
6. Certified copy of Blue Sheet Site map, Proposed plan of Building plan. There are two site maps in the register. Both of the site maps are different. This map is different from the site map supplied to me earlier.
7. Certified copy of Affidavit for building plan dated 18/6/09 atttested by Notary.
8. Certified Copy of Indemnity Bond of basement. The sanctioned Affidavit is for basement over Onkar nagar on Rs 40/- Non Judicial paper. Onkar Nagar is situated at about 3-4 kms from Central Town and is situated at the end point of municipal council limits.
9. Certified copy of National building organization schedule for construction of building in public & private sector.
10. Certified copy of Registeration Deed copy for the valuation of building amounting to Rs 6,80,000/-. The Stamp duty paid on the papers is 40,500/- Nine pages as per the description as under 8 Sheets of stamp paper valuing Rs 5,000/- and one sheet valuing Rs. 500/-. The registration deed signed by Smt. Gurmeet Kaur Chana. The street measuing 35’9” is depicted in the map.
11. Certified copy of Rough Sketch of Land, prepared for the site, point situated at Central Town, Phagwara. Apllicant is Gurmeet Kaur Chana, Rakesh Kumar and approval made by Approved Surveyor Muncipal Council Phagwara depicting street of 35’9”
12. Certified Copy of Notice under 195/195-A, Punjab Muncipal Act 1911. Ref Memo No. 348/ME dated 11-08-09.
13. Certified Copy of Note Sheet of Notice issued regarding construction violating commercial site plan. Note sheet of Notice regarding the stoppage of construction issued on 1/9/09 in which Basement allowed by the Municipal council is 1102 Sq Ft but construction made on 1900 Sq ft. the notice has been issued U/S 195 D.
14. Certified Copy of Notice issued under Sec 195-D. The carbon copy has been placed in the file regarding notice to offender.
15. Certified copy of Notice of Revised plan of building to be submitted vide Memo No. 467/ME dated 29-09-09.
16. Certified copy of Note Sheet of orders to stop construction regarding the construction going on violating the bye laws. C/o Sudhir Sweets. The document is concerned with construction that started on 07-10-2009.
17. Certified Copy of document --Memo No. 493/ME dated 09/10/09 regarding above mentioned file
The documents list regarding the File of Sh. Ashwani Kumar, Rakesh Kumar and Rajinder Kumar SSO/ Kewal Krishan Sudhir, Central Town, Phagwara Has been demanded by the appellant duly authenticated but the PIO has not supplied the concerned documents so far.
Additional Documents required :
Minutes of meeting in which the decisions have been made regarding the approval of sanctioned plan.
The documents from Despatch Register:Started from 01-04-2009
1. Page No. 26, Dispatch Register of 2009-10. This register has been authenticated by ME Phagwara started from 01-04-2009.Copy of Entry No. 348. Notice issued to the violator and the endorsed documents (Additional intimation ) supplied to the SDM, Vide Memo No. 349 and DSP Phagwara vide
2. Memo No. 435 Page No. 31 of Dispatch Register regarding notice to Ashwani Kumar, Rakesh Kumar, Rajinder Kumar. The notice is under 195-D.
3. Memo No. 467 Page no. 34 notice to Ashwani Kumar, Rakesh Kumar and Rajinder Kumar directing them to provide Revised building plan.
4. memo No. 493 Notice under Section 220 to Mr. Ashwani Kumar and others.
Other Serious difficulties in inspection:
1. Movement Register not provided for inspection.
2. File regarding modification has not been mainatained by Muncipal Council, Phagwara.
3. The fees deposited in Muncipal Council record/ & date of submission demanded. But no record of deposit of fees. The last date and the Demand notice along with the register has not been presented for inspection. The fees paid to different departments to sanction and approval has not been provided.
4. Complaince of notices where it is noted---not provided.
5. Movement of officials and staff not found on the said date as per notices===the inspection conducted by which officer and authorized issuing authority of the notice not provided.
6. Register regarding date of sanction of site maps, amount of fees deposited in record; ate of deposit of fees, Last date of deposit of fees, Payment details. The photocopies of G-8 regarding deposit of fees not provided.
7. Projected cost of the building documents not provided.
8. The movement register of documents not provided.
9. List of documents to be provided to me during inspection duly signed by the PIO and requested him to provide the documents as it is mandatory to provide the documents required on the date of inspection but the PIO failed to provide the authenticated Photo copies of the documents.
10. I requested PIO to note down the next date of inspection if the documents pertaining to the above mentioned building has been kept in another file then the next date of inspection kindly be noted which had been previously entered as 26th Decemeber on which the PIO not agreed, again on 25th the PIO said it is holiday, Again on 24th he said it is holiday. But the date mentioned in 23rd Dec 2009 is my previous engagement. So, as on 24th Dec 2009 there is no holiday and the inspection if it is will be made on 24th of Dec 2009 at 11 AM. If the PIO permits so.
Yours sincerely,
Rajneesh Madhok
At the end of the note sheet I have mentioned that I am thankful to PIO for cooperative attitude during inspection
Rajneesh Madhok
Encl: Photocopies of Inspection report in four pages. PIO denied documents.
Legal Wizard
19 December 2009 at 08:47
Sir/Madam
Whether pre Recruitment training for SC/ST is mandatory under law? if yes what is the provision under law.
Parveen Kr. Aggarwal
19 December 2009 at 01:22
Which provision of law confers jurisdiction on courts in India to Legislate?
Anonymous
18 December 2009 at 21:29
Dear Sirs,
I got a car financed by a finance company and they got my post dated cheques {i:e 15th} of every month and promised me the cheque will be deposited on 15th of every month and on next day {i:e 16th}. In meantime I used arrange funds and deposit it in my bank on 16th of every month. But except two instalments the other cheque given by me started coming to my bank on 15th it self and got returned.My finance Company now is Charging for Cheque Bounce Charges and other extra Charges.As well my Reputation in my bank is also got spoiled.
Please give Solution and advice whether I can go to Consumer Court or High Court for my Mental agony
Rajneesh Madhok
17 December 2009 at 21:07
Today was the hearing before State Information Commission, Punjab regarding resumption of my plot by Improvement Trust, Phagwara. Kindly suggest the way out. Department resumed plot in 2005 and canceled resumption order within days by passing resolution. But the department has not approved so far the resolution
Present: Rajneesh Madhok Complainant in person.
*******, for PIO, for the respondent- department.
MY VERSION:
1. The contents of the case is that the Improvement Trust, Phagwara had resumed my plot due to non construction made on it, whereas I had been paying Non-construction charges leviable by Improvement Trust time to time.
2. My plea is that because of lack of clarity by the Improvement Trust Phagwara, the information demanded by me regarding the action taken on my appeal to the Deputy Director, Local Government, Punjab and two reminders sent by the Hon’ble Deputy Director and the correspondence made in this regard has been declared by the PIO that the said information is not traceable.
3. The Information Commissioner has not listened to my pleadings though dictated that you have asked so many irrelevant questions. I said Sir, the questions are concerned with my plot.
4. The Information Commissioner said that the information has been provided the points asked by you.
5. The information commissioner provided me the date of inspection pertaining to the file and directed the PIO to provide me the required papers.
6. The PIO has sent me uncertified copies of the documents.
WRITTEN SUBMISSION BY THE PUBLIC INFORMATION OFFICER:
Before State Information Commission, Punjab
Rajneesh Madhok Versus Executive Officer
Ref: Second Appeal under Section 19 of R.T.I. Act., 2009
Written Submissions on behalf of Public Information Officer, Improvement Trust, Phagwara
Preliminary Objections
1. That the present appeal is not maintainable as the detailed information has already been provided to the appellant.
On Merits
1. That Para No. 1 of the Grounds of Appeal is incorrect, hence denied. The complainant/ appellant is not owner of plot No. 683, situated at Guru Hargobind Nagar, Phagwara. However, it is admitted that complainant was owner of plot No. 683, but the said plot has been resumed by the Improvement Trust, Phagwara due to non-construction. It is admitted that complainant had approached Deputy Director, Local Government, Jalandhar regarding his plot, but before approaching Deputy Director, the resolution regarding cancellation of resumption of plot has been passed by the Improvement Trust regarding the plot of the complainant on 14.02.2005 and has been forwarded to the Local Government. It is pertinent to mention here that Local Governement has not approved the resolution of Trust till date.
2. That Para No. 2 of the Grounds of Appeal is incorrect., hence denied. Appellant had sought information from our department vide Letter Dated 29.08.2009 and all informations was given to the complainant vide Letter No. 1023, Dated 25.09.2009, Point wise reply is given here as under:-
2.1 That in reply ot Para No. 2.1 of the Grounds of Appeal, it is submitted that the reply has been given to the Deputy Director, Jalandhar regarding the references made in the appeal.
2.2 That in reply to Para No.2.2 of the Grounds of Appeal, it is submitted that the reply/ information has been provided to the appellant.
2.3 That in reply to Para No. 2.3 of the Grounds of Appeal, it is submitted that the detailed reply and information has been provided to the appellant regarding resumption of plot and other proceedings.
2.4 That in reply to para No. 2.4 of the Grounds of Appeal, it is submitted that photocopies of correspondence between Improvement Trust, Phagwara and Deputy Director, Local Governement has been provided to appellant.
2.5 That in reply to para No. 2.5 of the Grounds of Appeal, it is submitted that the answering repondent is not having any final decision passed by the Hon’ble Deputy Director.
3. That Para No. 3 of the Grounds of Appeal is incorrect, hence denied. The appellant has not asked for any information regarding inward letters & reply made at the time of first appeal, so he is not entitled for the same in second appeal. However, it is made clear that appellant can take all necessary documents and information by filing fresh representation.
4. That Para no. 4 of the Grounds of Appeal is incorrect, hence denied. All information has been provided by P.I.O. to the appellant.
5. That para No. 5 of the Ground of Appeal is incorrect, hence denied. The complainant is not entitled for any compensation. It is pertinent to mention here that the complainant has moved an application for information under the act on 29.08.2009 and detailed reply was given to the complainant regarding his 22 queries along with documents. Appellant has not came before this commission in appeal on that very questions and is misleading this Hon’ble Commission by varying the form of questins mentioned in the application datd 29.08.2009.
6. That in reply to Para No. 6 of the Grounds of Appeal, it is submitted that answering P.I.O. can produce the original record before this commission if directed by this Hon’ble Commission.
7. That Para No. 7 of the grounds of Appeal is incorrect, hence denied, Necessary information required has already been provided to the complainant.
8. RgR oe Bi, 8 of the Grounds of Appeal is incorrect, hence denied, the Appellant is not entitled to demand any Affidavit from the answering respondent.
9. That Para No. 9 of the Grounds of Appeal is incorrect, hence denied, The detailed record and information has already been provided to the complainant.
10. That Para No. 10 of the Grounds of Appeal is incorrect, hence denied. There is no negligence on the part of P.I.O. and no action is to be required to be tken against the P.I.O.
11. That Para No. 11 of the Grounds of Appeal is incorrect, hence denied. The complainant has no locus standi to demand the departmental action against the P.I.O.
12. That in reply to Para No. 12 of the Grounds of Appeal, it is submitted that the photocopies have already been provided to complainant. It is pertinent to mention here that no certified copy has been demanded by the complainant in question No. 18,19,20 and 22.
13. That Para No. 13 of the Grounds of Appeal is incorrect, hence denied. The detailed reply has been given to the complainant.
14. That Para No. 14 of the Grounds of Appeal is incorrect, hence denied. All information has been provided to the complainant, so there arises no questin of deemed denial of information.
15. That in reply to Para No. 15 of the Grounds of Appeal, it is submitted that the information has been provided to the complainant within one month from the date of application.
16. That in reply to Para Np 16 of the Grounds of Appeal, it is submitted that the information has been provided to the appellant within stipulated period and the same does not amount to deemed refusal.
Reply to Prayer Clause in Second Appeal
That in reply to para No. 1 to 14 of the prayer Clause, it is humbly submitted that complainant/ appellant is misusing the rights provided under the information act. The detailed reply to all questions have already been given to the appellant. The appellant has filed the present second appeal by changing the nature of the questions in application and in first appeal. The Second Appel filed by the appellant/ Complainant may kindly be dismissed with some special heavy cost.
Datd. 16.12.09 Submitted By,
………………Respondent
Public Information Officer,
Improvement Trust, Phagwara
====================================================
Rajnesh madhok,
B-xxx/63, nehru nagar,
St. No. 2, Railway Road,
Phagwara-144401 (Pb)
Ph: 01824-262569 (O), 268210 (R), 094173-06415
Tele-fax: 01824-262569; E-mail: rajneesh_madhok@yahoo.com
Mockery of RTI, Plot resumed, Penalty paid in lakhs
To
The Honourable Minister,
Local Government, Punjab,
Chandigarh.
To
1. The Director-Cum-Special Secretary,
Department of Local Government, Punjab,
SCO 131-132, Juneja Building,
Sector 17-C,
Chandigarh
Ph: 0172-2728241
2. To
The Principal Secretary,
Local Government, Punjab.
Chandigarh
PLOT ALLOTED AT RS 37,800/- PENALTY & ENHANCEMENT CHARGES PAID IN LAKHS, STILL THE OWNERS RUNNING PILLAR TO POST TO GET THEIR RESUMED PLOTS RESTORED
Complainant: Rajneesh Madhok, B-xxx/43, Nehru nagar, St. no. 2, Railway
Road, Phagwara-144401 (Pb)
VS
1. Public information Officer, Improvement Trust, Phagwara
2. First Appellate Authority, Improvement Trust, Phagwara.
INSPECTION MADE ON DEC 23, 2009 BY ORDER OF HON’BLE STATE INFORMATION COMMISSION, PUNJAB.
NUMBER OF IRREGULARITIES BUT NO ONE CARE FOR COMMSSION’S ORDERS/ PIO & FAA ARE HELPLESS
Sir,
In addition to the information not provided to me yesterday. The additional required information from the File of Plot No. 683, Guru Hargobind Nagar, Phagwara.
1. The agreement for sale by Phagwara Improvement Trust on Re One+Re One + Twenty Five paise+ Plain Paper signed by Mr. Charanjit Singh intended Vendee (From whom I had purchased the said plot)
2. Noting Sheet of Charanjit Singh Allottee of Plot No. 140, on which the stay order has been issued . The document is regarding the receipt of stay.
3. Copy of Letter written by Mr. Rajan Kashyap, Secretary D.O. No. PS/SLUB-86/3560 to the Deputy Commissioner Kapurthala.
4. Noting Sheet of Plot No. 140, Hargobind Nagar.
5. xxxxxxxxxx By mistake slipped to point no. 6. Nothing in Point 5.
6. Noting Sheet No. 128 duly typed in Punjabi with additional note hand written.
7. Site Plan of 683. Drawn by Mr. Bhatia, Checked by Ashwani Kumar.
8. Copy of Power of Attorney deed by Charanjit of Plot No. 140 on NJ Paper of Rs 5+5+5
9. Copy of General Power of Attorney
10. Copy of Affidavit by Shri Chandresh Singh Attorney of said plot.
11. Copy of Undertaking by Rajneesh Madhok on Rs 10/- Non Judicial Paper Datd 22/6/1989 regarding enhancement of Sale price. As er file document No. 140 & 141, the attached documed of Rs 5/- has been cancelled as the attachment of First document.
12. Copy of Affidavit by S. Harbans Singh S/o Sh. Bachint Singh, Attorney—Document No. 142 on NJ Paper of Rs. 5/- only.
13. Document No. 143, Affidavit of Harbans Singh on Rs 5/- NJ Paper
14. Copy of agreement signed by Sh. Harbans Singh S/o Bachint Singh on NJ Paper of 50 Paise+ 50 Paise+50 Paise+ 50 Paise+50 Paise+50 Paise (Total papers 6) No. 6701 dated 22/6/89.
15. Document No. 150, Change of ownership No: 932 dated 11-7-1989 issued by Improvement Trust, Phagwara.
16. Document No. 151 Vide memo No. 335/513 dated 16-3-92/ 8-4-92 regarding enhancement fees. It is mentioned that the concerned person has not received the notice (Written in Note Sheet) ----No documentary proof attached about delivery of letter.
17. Copy of Notice no. 491 dated 4/9/93---- No proof of delivery.found in record.
18. Note no. 768 dated 1-12-98 regarding your Personal attendance—153. The proof of delivery is not in record. Photocopy kindly be submitted.
Details of Dues
Year Plot/Penalty per Sq ft Amount Interest
1992 200*15=3000 3000-00 2160-00
1993 200*20=4000 4000-00 2400-00
1994 200*25=5000 5000-00 2400-00
1995 200*35=7000 7000-00 2520-00
1996 200*40=8000 8000-00 1920-00
1997 200*45=9000 9000-00 1080-00
1998 200*45=9000 9000-00 ----------
----------- -----------
Total 45000-00 12480-00
Add interst 12480-00
-----------
57480-00
Charges 1-1-91 to 31-12-98 6900-00 (Explanantion of this figure ?)
Total: 64380-00
Charges for 1999 200*55=11000 11000-00
Total 75380-00
This amount of penalty had been deposited in 1999. Paid Rs 75380/- Vide Banker’s cheque/ Demand Draft.
19. Copy of Memo No. 251 dated 30/3/1999 issued by Executive officer , Improvement Trust Phagwara under Registred cover---No proof of attachment.
20. Copy of letter written by Rajneesh Madhok on 29th Dec 1999, Document No. 156, to The Executive officer, Regarding deposit of dues up till 31/12/1999 amounting to Rs 75,380/-.
21. Document No. 157 regarding resumption of plot no. 683. No document proving the delivery of notice. ---Copy not provided by PIO.
22. Document No. 158, Memo No. 212 dated 18/2/2000 regarding resumption of plot. No proof of delivery provided by PIO.
23. Copy of document No. 159, Letter No. 51 dated 14/1/05 regarding Memo No. 212 dated 18/2/2000 signed by Rajneesh madhok on 10/2/05.
24. Document No. 160, Plot No. 683.
Details that the previous deposits of Penalty have been made till Year 1999.
Year Area Rate Amount Interest Months
W.e.f. 2001 to 31-1-05
4 years 1 month
2000 200*60- 12000-00 5880-00 49
2001 200*75 15000-00 5550-00 37
2002 200*75 15000-00 3750-00 25
2003 200*75 15000-00 1950-00 13
2004 200*75 15000-00 150-00 1
1-1-2005 to 30-6-2005 15000-00
(200*150/2=15000)
Total ---------- ------------
87000-00 17280-00 (Interest)
Add interest 17280-00
Grand Total 1,04,280-00
25. Copy of letters received From Hon’ble Deputy Director. The Hon’ble Deputy Director had directed to report till 15/5/2006. The copy of all correspondences are missing in the file. Reminder No. 3DDSS-2006/6928 dated 10/5/06
26. Dcoument No. 162, Copy of my letter received from Hon’ble Deputy Director, Local Govt, regarding my appeal against resumption. The attached copy of letter is the Photocopy attached in Font at the maximum of 5. We cannot read the original document attached. If we take the photocopy of the same it will not be readable print. Kindly enlarge the copy and take printout and provide me certified copy of the document.
27. Query No. 11 of RTI application is proved in which the PIO has replied that Regional Deputy Director, Local Government, Jalandhar’s corresspondance is not available in the record. The applicant should be provided those documents after searching out the lost documents.
28. The information regarding registration made to the First allottee/ second allottee and subsequent registration made has not been provided.
29. The Stamp Paper attached with the Registration Deed kindly be provided.
30. Query No. 16 & 17 of my RTI application, the action taken report on the change of usage from residential plots to commercial plot The action taken documents could not be presented by the PIO. The PIO says that the concerned officer Mr. Pawan Kumar has gone to Nawanshahar and all the documents pertaining to the action is lying with his record. He told that the action had been taken vide T.R. No. 10. No document regarding change of usage has been provided. No evidence in record provided. There is no record of Penalty charged and received from the offenders.
31. Regarding covered area violation the penalty recovered, Not provided. As per rule the permissible constructed area is 66% for 500 Sq Yds plot holders and not more than 80% in case of 200 Sq yds plot holders. No record has been presented during inspection. As there are 100% violators of covered area.
32. In RTI Application the applicant had requested to whom the applicant can approach to get relief regarding resumption. The reply was that there was no such provision. Even today no documentary proof could be provided.
33. Under Query No 22 of the RTI application the copy of notification of 85% covered area that has been granted could not be provided with documentary proof by PIO. The copy of Press notification has been presented to the PIO for comments.
34. No document has been provided by PIO on my query in RTI application about the plot holders those have got their plots registered. There is no documentary proof available with PIO.
Now the PIO has directed to inspect the remaining documents on 31st Dec 2009.
Yours faithfully,
Rajneesh Madhok,
B-xxx/63, Nehru nagar,
St. no. 2, Railway Road,
Phagwara-144401 (Pb)
Ph: 01824-262569 (O), 268210 ®, 094173-06415
Tele-fax: 01824-262569, E-mail: rajneesh_madhok@yahoo.com; rmadhok_pgm@bsnl.in
The points to be noted:
The total cost of plot is Rs 37,800/-, the Improvement Trust, Phagwara has been collecting Rs. 150/- per Sq. yard + interest. As I am the plot holder the charges will be as under. If we calculate the amount of penalty as per the calculation of Improvement Trust, Phagwara as per their record of 2005 @ Rs 150/- per Sq. yds.
Year Size of plot Sq yds Rate of penalty Penalty Interest
2005 200*75=15000 Rs. 75/-per S.Yds 15000-00 9900-00
(Six Months)
2006 200*150=30000 Rs. 150/- per S.Yds 30000-00 18000-00
2007 200*150=30000 Rs. 150/- per S.Yds 30000-00 14400-00
2008 200*150=30000 Rs. 150/- per S.Yds. 30000-00 10800-00
2009 200*150=30000 Rs. 150/- per S.Yds 30000-00 3600-00
Total: 135000-00 56700-00
Add interest 56700-00
191700-00
Add my dues if we calculate from 30/6/2005 104280-00
Add interest from 2005 to 2009 the period on which
The resumption has been made. 18146-00
Grand Total due from me if released today and no
Enhancement of Non construction charges made. 3,14,126-00
Sir,
The resumption is made by the Improvement Trust, Phagwara and the cost of the plot is 37,800/-. If it is released today then I shall have to pay Rs 3,14,126/- as penalty. Though I have already paid in lakhs to Improvement Trust, Phagwara as penalty. The Trust keep on harassing and one pretext or other by penalizing the customers. Still I am the offender and Improvement Trust has created the novel formula to harass the public by charging in exorbitantly.
On 23rd Dec, 2009 I made inspection in Improvement Trust office, Phagwara as per the orders of the Honourable State Information Commission, Punjab. It is really amazing how the Government officials make amendments and making changes on their own, in one side they are writing that that the violations have been made and they themselves release the plots on the pick and choose policies. In one letter the Chairman writes that the resumed plots should be restored, In the next letter to the Secretary the Chairman writes that such and such plots have been restored. Again there is no criteria of resumption or restoration.
1. The department officials admit that the violation in building bye laws have been made by 100% residents of Improvement Trust Scheme No. 1, Guru Hargaobind Nagar, Phagwara but they are silent about presentation of record of action taken against the violators. Everyone has violated building bye laws, Some due to non construction, some converted from Residential to commercial and others in not constructing according to site plan. Almost all the occupants have covered more than the permissible limit. But the officials are mum and have no record for the action taken against them.
2. The names of erring officials are not being provided. The only point PIO says that most of the officials have got retired who were supposed to take action.
3. Plot numbers 90/3, 226/3, 342/1 (Improvement Trust Scheme No. 1, Hargobind Nagar), 440/1 (Improvement Trust, Scheme No. 1, Hargobind Nagar), 138/3, 258/3, (319/1, 320/1 and 323/1 These three plots detail has not been provided about the action taken against these offenders, All these three plots have been converted from Residential to commercial buildings in the name of Krishna Tower, The State bank of India’s main building, Bank of Maharashtra are situated in these buildings. These plots got restored after the 14-02-205) (Improvement Trust Scheme No. 1) those have been ordered to be resumend for violations have been restored. I asked at what criteria the above mentioned plots have been restored but there was no solid reply. The documents pertaining to these plots not provided to me. All the above-mentioned parties are being treated as V.I.P. for the best reasons known to the department. They made violations hundred times more than the person who could not construct but the department has taken lenient view to them.
4. The procedure adopted to restoration of plots is a great conspiracy. The petitioner request to conduct of inquiries and source reports.
5. I shall proceed with the investigations from Vigilance Bureau to conduct fair investigations based on the reports.
6. No official has complied with the instructions laid down by the department.
7. There are so many irregularities in the records but no erred official has been punished under the Government Employee Conduct Rules, 1966, and the Punjab Civil Services (Punishment and appeal) Rules, 1970.
Grievances: Documents form Government Instructions File:
1. Certified copies of the documents sought has not been provided by the PIO. Improvement Trust, Phagwara and promised to deliver on 21st Dec 2009.
2. No other documents are available in addition to the said file—says PIO.
3. Dispatch register regarding dispatch of letters to the Deputy Director, Local Government and the date of Receipt and dispatch of letters has not been mentioned.
4. List of plot holders who made applications for registration has not been provided.
5. List of plots released / restored by Improvement Trust, Phagwara, after 14-02-2005. Plots restored 90/3, 226/3, 342/1, 382/1, 440/1, 139/3, 258/3, 319/1, 320/1 and 323/1 submitted the PIO not provided the details about the restoration of the said plots.
6. Trust Proceedings resolution copy No. 11 about restoration/ reinstate of plots those have been resumed demanded but not provided so far.
7. The list of resumed/ Confiscated plots with reasons of restoration documents demanded with evidence but not provided by PIO.
8. Letter No. 8/73/04-05LGII/18369 dated 26-10-2005 pertaining to Memo No. 8/73/94-5LGII/18883 dated 26/10/2004. Tagged with flag not provided.
9. Memo No. 8/73/04-05/LGH/18369 dated 26/10/2004 regarding policies of restoration of resumed plots/ flats/SCFS etc Tagged –2 (Regarding file Government instructions)
10. Memo No. 8/158/95-2LGII/1837 dated 20/2/96, the time limit of cancellation of resumption earmarked is three months. With file notings under Diary No. 43/26-2-96. The Executive officer has marked the compliance of order with signatures of Mr. O.P. Gill—Tagged 3.
11. Letter No Diary No. 234/5/12/95, Memo No. 5/539/95-ALGII/20638 dated 1-12-95 regarding Freezing of allotment of residential plots/ flats in improvement Trust.
12. Memo No. 5/531/9-3LGII/6722 dated 25/6/96 regarding guidelines of execution of Registration deed on the basis of Power of Attorney.
13. Memo No. 290 dated 16/7/98 signed by Supdt. Improvement Trust, dated 15/7/98 regarding proceeding no. 16 dated 28/4/95 in two pages.
14. Note sheets regarding the Registration deed of vacant plots Letter No. 5/426/97/4SS2/12255 dated 27/10/98.
15. Notification Memo No. 5/426/97/4SS2/ 2235/ Dated 27/10/98.
16. Memo No. 5/245/95-2LGII/15973-74 dated 16th December 1999. Diary No. 9, dated 11-1-2000 under heading Allotment of plots to Local Displaced persons.
17. Letter No. 5/245/95-4LGII/4068 dated 17/4/2000 regarding allotment of plots to local Displaced persons Dirary No. 31/3 datd 3/5/2000.
18. Memo No. 5/261/2000-LGII/15547 dated 16-11-2L Diary No. 363 dated 20-12-2000 regarding concessions with regard to waivals to the deserving individuals.
19. Memo No. 5/174/89-4LGII/11133 dated 4/9/01 Dirary No. 234 dated 5-9-2001 regarding POLICY REGARDING RESTORATION OF RESUMED PLOTS. Please refer to Pb. Govt. Memo No. xx74/89-3LGII/326 dated 23/4/1992 followed by Memo Nos 5/174/89-3LGII/20242 dated 17th Nov 1995 & 5/174/89-3 LGII/5005 dated the 30th April 1997 in the order it is mentioned to provide reasonable & sufficient opportunity to the defaulting allottee/ vendee by way of proper show cause notice.
20. Memo No. 190 dated 9/4/2003 issued by Sub Divisional Magistrate, Phagwara-Cum-Adminsitrator Improvement Trust, Phagwara regarding restoration of the resumed plots. Regarding Government’s memo No. 5/174/89/3LGII/15517 dated 3-12-1999.
21. Copy of letter issued by Regional Deputy Director, Vide Dairy No. 31/ Dated 8/109 (Not clearly visible) regarding Memo No. 8/87/2002-3SS2/16115 dated 26-12-02 regarding action taken. Before taking action the Deputy Director should be consulted. The document is signed by the Superintendent.
22. Diary No. 446/ dated 5/11/03 Regarding waiving the Non –Construction charges. Regarding the policies framed dated 31-01-2003, In this page the instructions in note sheet is that the Chairman may kindly note for the information.
23. Memo No. 5/304/2003-2SS2/10015 dated 18/6/04 Diary No. 107/28/6/04 regarding PUTTING BAN ON AUCTION OF PROPERTIES OF IMPROVEMENT TRUST.
24. Letter by the Chairman Sh. Balbir Raja Sodhi, Letter nO. 344 datd 26/5/05 to the Hon’ble Minister Local Government regarding providing approval for Restoration of resumed plots. In this letter the specific plots have been mentioned to be restored Not mine plot. In this letter its is mentioned that the persons attended Plot No. 90, 228 of Shaheed Bhagat Singh Nagar, Plot No. 342 of Scheme No. 1, Guru Hargobind Nagar, It is mentioned that those wre directed to deposit the amount up to 30-6-2005. As per the meeting held on 14-2-2005 Proceeding No. 11 regarding Restoration of plots. It is mentioned in the letter that these plots have been restored and the orders have been confirmed ---- “ Ih plot bahal kar ditte san jis di pushti kiti gayi hai” Kindly provide the copy ----Pick and choose policy of the Improvement Trust, Phagwara.
25. Letter No. 722 dated 25/11/05 written by Shri Balbir Raja Sodhi regarding the Approval of Restoration of plots resumed due to non-construction. In continuation of Letter No. 5/174/89-3 LGII/ 19517 dated 03-12-99 . The restoration of plots No. 90, 226 (in Improvement Trust Scheme No. 3), 342 in Guru Hargobind Nagar. ---Kindly note.
26. Letter No. 48 dated 24-01-06 sent by the Chairman, Sh. Balbir Raja Sodhi Regarding Approval to Restore the plots resumed due to non-construction. The contents of the letter is. As in the cases of resumed plots the Total Sale money has already been deposited in Trust funds so the resumption of these plots are Baseless and so many plot holders can go for litigation against the Trust. So, considering the justice, natural justice and good conscience and considering/ saving the interest of Improvement Trust, the Government is requested to issue the orders of restoration of the already resumed plots. So that the affected persons appeal can be entertained and the matter be resolved.
27. Letter Diary No 50 dated 22/2/2006 regarding allotment of plots and providing the possession/ Conveyance deed—In which it is mentioned that Executive officer will be responsible for any lapse.
28. Diary No 294 dated 7/8/06, Memo No. 8/103/06 (II)-2SS2/6274 datd 2nd August 2006, Regarding the restoration of plots under discretionary quota those have been resumed. Regarding extention of time due to Non-construction. Regarding the Memo No. 7/III/04-2SS2/17881, dated 29-11-05. Kindly note the reference made on it. It has been decided by the Governement that the plots those have been restored, those should be granted the time of one year for the construction. Regarding this action all the cases should be combined and the the information to all the allottees should be provided. This letter is signed by The Additional Secretary.
29. Letter By Additional Secretary, Local Government, memo No. 9/6/07 (36) 4 SS 2/3946 dated 11th June 2007 Diary No. 276 dated 25/6/07, Improvement Trust, Phagwara Note sheet entry 25/6/07 Regarding Improvement Trust’s plots auction and allotment--- It has brought to the notice of the Governement that The Schemes floated by Improvement Trust regarding sale of properties. Regarding sale of properties there is no concrete policy (Koyi thos policy nahin hai) and by every Trust the applications are invited on different time.
30. Letter by Mr. Tejesavi Bhardwaj, Chairman, Improvement Trust, Phagwara regarding Restoration of the plots resumed due to Non-construction, No. 1090- dated 12/10/09. The Governement is being written--- Regarding letter No. 5/174/85-3LGII/15517 fsyrf 3-12-99. The reference of the letter dated 3-12-99 is given. That the alottees who have not constructed the plots in the stipulated time of 3 years, those plots have been resumed. ------ It Is being brought to your kind notice that those plots have been resumed by the Trust in those cases the proper notices have not been issued and they have not been written to deposit the balance amount and the amount deposited in Trust funds has not been forfeited . So, the proper way of resumption has not been adopted regarding those plots. In the light of Government Letter No. 8/73/04-05LG2/18369 dated 26/10/09, the trust office has issued the letters for personal hearings. In the compliance of the order the Plot No. 90 and 226 of Scheme No. 3 (Shaheed Bhagat Singh Nagar’s and Plot No. 342 Guru Hargobind Nagar’s purchaser have personally attended the office and deposited the requiste fees in Trust account. This matter has been considered in the meeting of the trust held on 14-2-2005, Proceeding No. 11 (Copy Attached) and this has been decided that due to the deposit of the Non construction charges by the above mentioned plot holders those plots have been restored and in future the rights to restore the plots has been provided to the Chairman. This proceeding has been stayed by the Government vide memo No. 8/33/05-3SS2/3129 dated 3-3-2005 (Copy attached). Regarding the Proceeding No. 11 dated 14-2-2005 the Plot No. 90 Scheme No. 3 , Government Memo No. 7/29/06 (19)-2SS 2/629 dated 25-01-07 (Copy attached) and Plot No. 342 Scheme No. 1, Govt’s memo No. 8/33/05-2SS2/3587 dated 05-05-06, the above mentioned plots have been restored.
Now this time Scheme No. 1’s Plot No. 683, 270-A, 742 and Scheme No. 3’s Shop cum Flat No. 713 have been resumed. As the total sale money has been deposited in Trust funds, so the resumption of these plots is baseless (Niradhar) and so the plot holders can unnecessarily create litigation against the trust. So, considering the public interest and to save the Trust for unnecessary litigation, the Govt. is requested to lift the stay on the Proceeding No. 11 dated 14-02-05 and the orders of restoration of plots kindly be released
The above mentioned points have been collected from the Government Instructions File.
Thanking you,
Yours faithfully,
Rajneesh madhok