The Central Information Commission, on appeal, issued orders on 23rd July 2024 on 7 RTIs filed with the Auroville Foundation in 2023.
Five RTIs were filed by Romil Chhadva from March to June 2023 one each by Dharmesh Vikramsinh Jadeja and Ashwini Tatpat in May and September 2023 respectively. This article covers the first three RTIs of Romil Chhadva. The remaining 4 will be covered in subsequent articles.
Employing Aurovilians
Romil Chhadva’s RTI application on 20th March 2023 wanted to know if the Auroville Foundation employs and pays salary to any Aurovilian, the list of Aurovilians employed and paid salary by the Foundation in the past 5 years and their functions along with dates of employment and discharge.
He further wanted to know if the Foundation paid any Aurovilian for goods or services other than through Auroville units or Trusts, and the list of such payments for the past 5 years. He also wanted to know the total such payments made in each of the five financial years beginning in 2018 and ending in 2023.
A month later, having not received any response from the Central Public Information Officer (CPIO), Romil Chhadva appealed to the First Appellate Authority (FAA) who is the Secretary, Auroville Foundation. The CPIO replied four months later saying: “Auroville Foundation appoints staff members with the approval. AVF did not pay to individuals for goods and services.” Next month, on 4th October 2023, the FAA’s order repeated the statement of the CPIO.
Aggrieved by the FAA’s Order, Romil Chhadva appealed to the Central Information Commission (CIC).
A hearing was held by the CIC on 15th July 2024. “The appellant along with Representative Adv. Suchindran Baskar Narayan remained present through video conference and on behalf of the respondent Ms. Manjula, Dy. Secretary and CPIO attended the hearing through video conference.”
The Respondent reiterated the contents of their written submissions to the CIC dated 10.07.2024.
After the hearing, the Information Commissioner Smt Anandi Ramalingam issued the following order (excerpt), on 23rd July 2024:
The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that as the Appellant has not received the copy of the written submissions dated 10.07.2024. Therefore, the Commission directs the Respondent to provide the copy of written submissions dated 10.07.2024, to the Appellant, within 10 days from the date of the receipt of this order, under intimation to the Commission. Additionally, the Commission sternly cautions the Respondent public authority that in future, they shall ensure that replies to the RTI Applications shall be provided within the mandated time frame.
Public land acquisition by Auroville Foundation
Romil Chhadva’s other RTI application filed on the same date, 20th March 2023, wanted to know if “the Auroville Foundation Office started any procedure for public land acquisition in the Auroville Master plan area” and if so “when had these taken place”. He also wanted to know if the land acquisition process was initiated with the Tamil Nadu or Central Govt. and if so, when and what was the status as of 17th March 2023.
A month later, having not received any response from the Central Public Information Officer (CPIO), Romil Chhadva appealed to the First Appellate Authority (FAA) who is the Secretary, Auroville Foundation. The CPIO replied four months later saying: “All the land-related matters are discussed in the Governing Board. Further, Auroville Foundation frequently updates the land matters to the Ministry.” Next month, on 4th October 2023, the FAA’s order repeated the statement of the CPIO.
Aggrieved by the FAA’s Order, Romil Chhadva appealed to the Central Information Commission.
A hearing was held by the CIC on 15th July 2024. “The appellant along with Representative Adv. Suchindran Baskar Narayan remained present through video conference and on behalf of the respondent Ms. Manjula, Dy. Secretary and CPIO attended the hearing through video conference.”
“The respondent while defending their case inter alia submitted that the Auroville Foundation has initiated action for exchange of land in respect of Govt. Patta Land in view of the ownership of Auroville Foundation. Further taking the reference of written submissions dated 11.07.2024 she averred that, the process of transfer/exchange of land has not reached its finality and is yet under process and accordingly a point-wise reply has been provided to the Appellant, denying some of the clarifications sought by the Appellant.”
After the hearing, the Information Commissioner Smt Anandi Ramalingam issued the following order (excerpt), on 23rd July 2024 :
The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, directs the Respondent to provide a copy of written submissions dated 11.07.2024 using the accurate Sections for the denial of information, if required, to the Appellant, within 10 days from the date of the receipt of this order, under intimation to the Commission. Additionally, the Commission sternly cautions the Respondent public authority that in future, they shall ensure that replies to the RTI Applications shall be provided within the mandated time frame.
Head of Urban Planning for ATDC & Tree clearing works at Darkalil in March 2023
Romil Chhadva’s third RTI application on 4th April 2023 wanted to know “the name of the Head of Urban Planning for ATDC”, the selection process followed for the position, the composition of the selection committee, and terms of appointment for the position.
He further asked to know the extent to which the Head of Urban Planning was responsible for “tree clearing works undertaken at Darkali in March 2023” and “When was the Secretary of the Auroville Foundation notified of the tree cutting work being undertaken in Darkali in March 2023?”.
A month later, having not received any response from the Central Public Information Officer (CPIO), Romil Chhadva appealed to the First Appellate Authority (FAA) who is the Secretary, Auroville Foundation. The CPIO replied four months later but did not provide the required information in her reply saying: “Auroville Foundation scrupulously follows the NGT Order. The documents requested are confidential and it cannot be revealed.” Next month, on 4th October 2023, the FAA’s order repeated the statement of the CPIO.
Aggrieved by the FAA’s Order, Romil Chhadva appealed to the Central Information Commission.
A hearing by the Commissioner Smt. Anandi Ramalingam was held on 15th July 2024. “The appellant along with Representative Adv. Suchindran Baskar Narayan remained present through video conference and on behalf of the respondent Ms. Manjula, Dy. Secretary and CPIO attended the hearing through video conference.”
The CPIO informed that no such position designated as Head of Urban Planning exists in ATDC and accordingly a point-wise reply has been provided vide letter dated 10.07.2024. The Appellant claimed that he did not receive a copy of the said letter.
After the hearing, the Information Commissioner Smt Anandi Ramalingam issued the following order (excerpt), on 23rd July 2024 :
The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the Appellant has not received the copy of the written submissions dated 10.07.2024, therefore, the Commission directs the Respondent to provide the copy of written submissions dated 10.07.2024, to the Appellant, within 10 days from the date of the receipt of this order, under intimation to the Commission. Additionally, the Commission sternly cautions the Respondent public authority that in future, they shall ensure that replies to the RTI Applications shall be provided within the mandated time frame.
The full CIC Orders on the above 3 RTI Appeals are available at the links below:
https://drive.google.com/file/d/1wfUib-PGzGXnBuyMKREpxwNhpufCL1LY/view?usp=sharing
https://drive.google.com/file/d/13m3dhyo2Zqzm_QqFnRQ2un4bwPPnHSRl/view?usp=drive_link
https://drive.google.com/file/d/1bOFXyZsa67fqC3flzCXI4oCnai-HxYk3/view?usp=sharing