Chennai Information Commission Slaps CMDA with Rs 20,000 Fine for RTI Delay
In a significant ruling underscoring the importance of transparency in governance, the Tamil Nadu Information Commission has ordered the Chennai Metropolitan Development Authority (CMDA) to pay a compensation of Rs 20,000 to an RTI applicant. This penalty comes as a direct consequence of a substantial two-year delay in furnishing crucial information related to land acquisition details.
Details of the RTI Petition and Procedural Lapses
The case originated in January 2024 when BR Jayaraj, a resident of Old Pallavaram, filed a petition addressed to the special tahsildar of the Chennai Outer Ring Road project. He sought comprehensive details regarding land acquisition for specific survey numbers. After receiving no response, Jayaraj escalated the matter by filing an appeal with the then appellate authority, Poongodi. Subsequently, in June 2024, he lodged a second appeal before the state information commission.
The appeal was heard by Chief Information Commissioner Md Shakeel Akhter on March 24, with the current CMDA Public Information Officer (PIO), Shanmugasundaram, appearing in person. During the proceedings, it was revealed that the former PIO, Manikandan, had passed away. Consequently, the commission directed the appellate authority to provide a written explanation for failing to fulfill her duties under the RTI Act, with a response deadline set for April 16.
Commission's Findings and Compensation Order
Despite the present PIO's claim that a reply with the required information attached as annexures was sent to the applicant in November 2024, the appellant contested this, asserting that no attachments were included. Crucially, the PIO could not produce any evidence to substantiate that the response was dispatched with the necessary annexures. Based on this lack of proof, the commission concluded that the applicant did not receive the complete information as mandated.
As a result, the commission has mandated CMDA to compensate BR Jayaraj with Rs 20,000 for the undue delay and inconvenience caused. Additionally, the public information officer of CMDA has been instructed to personally submit proof of this compensation received by the applicant on April 14. This submission must be accompanied by a copy of the information that was originally sought by the petitioner.
Further Directives for Information Access
Beyond the financial penalty, the commissioner has issued further orders to ensure the applicant's right to information is upheld. CMDA is required to provide the requested information to Jayaraj when he visits their office in person. This move aims to guarantee direct and unimpeded access to the documents, reinforcing the principles of accountability and public service under the RTI framework.
This case highlights ongoing challenges in the implementation of the Right to Information Act in Tamil Nadu, particularly concerning delays and procedural shortcomings in government bodies. It serves as a reminder of the legal obligations authorities have to respond promptly and transparently to citizen inquiries.
