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Uttarakhand High Court: State Information Commission Has No Power to Direct Removal of Encroachment under RTI ACT

Team SoOLEGAL 8 Jan 2021 3:11pm

Uttarakhand High Court: State Information Commission Has No Power to Direct Removal of Encroachment under RTI ACT

On 7th January, 2020, Uttarakhand High Court held that under the Right to Information Act,2005, the State Information Commission does not have power to direct removal of encroachment. Justice Manoj Kumar Tiwari said that removal of encroachment does not come under the power or right of the State Information Commission.

The petitioner, Manju Agarwal challenged an order which was passed, on 8th August, 2016, by the State Information Commission directing Nagar Palika Parishad, Kotdwar to take help from local administration to remove the encroachment. State Information Commission expressed grief on seeing that the Sub Divisional Magistrate, Kotdwar had not done necessary work and had ordered the Public Information Officer/ Executive Officer, Nagar Palika Parishad, Kotdwar to take local help from administration to remove the encroachment within 15 days from when the petition had been submitted. With this, the Executive Officer, Nagar Palika Parishad had passed an order against the petitioner, Manju Agarwal to remove illegal construction within one week of the order and if not done accordingly then the authority will be taking steps to demolish the same. The petitioner appealed to Uttarakhand High Court saying that the State does not have the power to pass such order. The particular writ petition was allowed by HC and Uttarakhand High Court dismissed the order that was passed on 8th August, 2016 by the State Information Commission and the following orders dated 20th August 2016 and 29th November 2016 that were passed by the Executive Officer of Nagar Palika Parishad, Kotdwar. 



Tagged: Uttarakhand High Court   RTI ACT   State Information Commission   Justice Manoj Kumar Tiwari   Nagar Palika Parishad   Manju Agarwal   Kotdwar  
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