BEFORE THE STATE INFORMATION COMMISSION,
A.C.No.930 of 2011
In
the matter of:
Dev
Dutt Sharma S/o Shri Rameshwar,
V.P.O. –Mudlana, Tehsil Gohan,
Distt.-
Sonepat (Haryana)
…..Appellant
Vs
Public Information Officer O/o Chairman Committee-
Distt.-Mohali
First
Appellate Authority O/o Chairman Committee-
Distt.-Mohali
…..Respondents
Next
date of hearing : 14.11.2011
REPLY
ON BEHALF OF THE CHAIRMAN, COMMITTEE – GOLDEN FORESTS (INDIA) LIMITED TO
THE NOTICE DATED 24.10.2011 RECEIVED IN THE OFFICE OF THE COMMITTEE
(APPOINTED BY THE HON’BLE SUPREME COURT OF INDIA) AT JHARMARI ON
31.10.2011.
It is
respectfully submitted that:-
1.
The Right to Information Act, 2005 and its provisions are not
applicable to the Committee – Golden Forests (
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Administration. For
the convenience of the Information Commissioner, the relevant provisions
of Section 2(a) and 2(h) are reproduced below:-
“2.
In this Act, unless the context otherwise requires,
(a)
“appropriate Government” means in relation to a public authority
which is established, constituted, owned, controlled or substantially
financed by funds provided directly or indirectly-
(i)
by the Central Government or the Union territory administration,
the Central Government;
(ii)
by the State Government, the State Government.
(b) to (g) ………….
(h)
“public authority” means any authority or body or institution of
self-government established or constituted-
(a)
by or under the Constitution;
(b)
by any other law made by Parliament;
(c)
by any other law made by State Legislature;
(d)
by notification issued or order made by the appropriate
Government, and includes any
(i)
body owned, controlled or substantially financed;
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(ii)
non-Government organization substantially financed, directly or
indirectly by funds provided by the appropriate Government; “
2.
However, it be pointed out that Section 2(e) defines competent
authority. The
expression ‘competent authority’ includes the Chief Justice of India and
the Chief Justice of the High Court.
The relevant part reads as follow:-
“(e) “competent authority”4
means
(i)
………..
(ii)
the Chief Justice of
(iii)
the Chief Justice of the High Court in the case of a High Court;
(iv)
………….
(v)
the administrator appointed under article 239 of the Constitition;”
3.
Section 5 of the Act makes it obligatory on every public
authority to appoint Public Information Officer or Public Information
Officers. Section 6 of the
Act deals with the request of a person for obtaining information under
the Act. Section 7 deals with the disposal of the request for
information. Chapter IV
deals with the State Information Commission and it makes obligatory for
every State Government to appoint the State Information Commission.
4.
It is submitted that the Chairman of the Committee or any Member
has not been designated as Public Information Officer.
Chairman also is not the appellate authority.
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5.
From the above, it would be clear that ‘the Committee’ is not a
public authority and therefore not covered by the Right to Information
Act, 2005.
6.
It would be necessary to give briefly the background of the
Company Golden Forests (
7.
The Company completely stopped its business in December, 2000.
The directors of the Company viz. Shri R.K.Syal, his father Shri
Amrit Lal Syal, his sister Ms. Pamila Syal and his wife Ms. Neena Syal
were arrested on December 24, 2000.
As of today except Ms. Pamila Syal others are dead.
Since the year December, 2000 the Company completely stopped
business. A number of investors filed petitions in Hon’ble Punjab and
Haryana High Court, Bombay High Court, Delhi High Court, Gujarat High
Court etc. for winding up of the Company.
The Securities and Exchange Board of India filed a petition
in
the Hon’ble
Supreme
Court
of
India for transfer of all
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the cases to the Hon’ble Supreme Court.
The Hon’ble Supreme Court passed an order in September, 2003
transferring all the cases of Golden Forests (India) Limited to the
Hon’ble Supreme Court and their Lordship observed that since conflicting
orders could be passed by the various High Courts, the matter should be
transferred to the Hon’ble Supreme Court.
8.
The Hon’ble Supreme Court of India appointed a Committee
consisting of a Chairman and two Members with directions for taking over
possession of the properties of the Golden Forests (India) Limited and
thereafter to sell properties and submit a report to the Hon’ble Supreme
Court. The Hon’ble Supreme
Court also passed orders restraining the directors and other servants
and officials of the Company from transferring the properties of the
Company and also restrained them from withdrawing any amount from the
accounts of the Company. It
may be useful to notice here that earlier to the above orders of the
Hon’ble Supreme Court, the Hon’ble Bombay High Court followed by the
Hon’ble High Court of Delhi in the year 1998 had restrained the
directors and officials of the Company from alienating properties of the
Company. The Hon’ble Punjab
& Haryana High Court had also passed an order to the above effect on 17th
August, 2001. The above
order was repeated by Mr. Justice Hemant Gupta in June/July, 2003.
The Hon’ble Supreme Court had constituted a Committee on 19th
August, 2004. The Chairman
of the Committee is a retired Chief Justice and other two Members are
retired District & Sessions Judges.
8.
On 3rd February, 2010 Hon’ble Supreme Court of India
transferred all the cases of the Company Golden Forests (
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Court
of
Delhi being ‘competent authority’ within the meaning of Sub
Section (e) of Section 2 of the Act have appointed Public Information
Officers. These Public
Information Officers could probably be approached for obtaining any
information under the Act.
The appellant Shri Dev Dutt Sharma filed an application before the
Committee in Form Rule 3(i) to obtain the informati9on regarding the
property of Golden Forests (
9.
It be pointed out that rules under the Right to Information Act,
2005 have been framed by the Punjab Government.
Upon reading of the rules it is clear that under Rule 3 an
application for obtaining information has to be filed before the State
Public Information Officer along with a fee.
Similarly, the Haryana Government has framed rules for obtaining
information under the Act and there also the application is to be made
before the Public Information Officer.
The application for information filed before the Committee, and,
the subsequent appeal under Section 19(3) of the Act before the ‘the
Committee’ are not legal and valid.
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10.
It is submitted with respect that the State Information
Commission,
11.
Next, coming to the merits of the application, the information
asked by Shri Dutt in his application to put in his own words is as
follow:-
“3.
Particulars of other
:
Whether the following property of
4.
Subject matter of
: List
of
property
is
Information
attached with this application/ request.
5.
The period of which
:
01.11.2000 to 07.5.2011.
information
6.
Description of the
: Whether
the property
information required
shown in attached list are included in the list of property of
Golden Forest (I) Ltd. given in the list of submitted to the Hon’ble
Punjab & Haryana Court, Chandigarh or not.
ii)
The property shown in attached list are shown in
the
list
given
by
the
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Punjab & Haryana High Court,
Chairman Committee or not.”
12.
The information asked for by Shri Dutt is catchy and not bonafide.
On a reading of the questions it is clear that the property about
which information has been sought belongs to Golden Forests (
13.
The other facts that emerged
are that Shri Satya
Prakash on 31.05.2002 executed a general power of attorney in favour of
Shri Narinder Kumar s/o Shri Dalip Singh, resident of 70-71, TP Scheme
No.15, Delhi Road, Sonipat (Haryana) in respect of the property
measuring 533.33 sq. yd. situated
at
Nihal Nagar, Sikka
Colony,
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property mentioned above. On 04.09.2007 Shri Satya Prakash wrote
a document canceling both the documents, i.e., general power of attorney
and the Will in favour of Shri Nrinder Kumar.
Thereafter on 19.01.2010 Shri Satya Prakash executed an agreement
of sale in favour of Shri Dev Dutt Sharma s/o Shri Rameshwar, resident
of Mudlana, Tehsil Gohana, District Sonipat (Haryana) in respect of the
land measuring 298-1/4 sq. yd. of land pursuant to the resolution dated
30.08.2000 for a consideration of Rs.32,00,000/- (Rupees thirty-two lakh
only).
14.
The above explains the reasons behind the information sought by
Shri Dev Dutt Sharma. It be
stated that as per the judgement of the Hon’ble Supreme Court of India
dated 05.09.2006 and in view of the restraint orders passed by the
Hon’ble Supreme Court and High Courts any sale/alienation of properties
belonging to Golden Forests (India) Limited after 20th June,
2003 (date of appointment of the Provisional Liquidator by the Hon’ble
Punjab & Haryana High Court) and the restraint order dated 17.08.2004
passed by the Hon’ble Supreme Court has to be ignored.
15.
It be stated that in the list of properties of the Company filed
by the advocates of the petitioners National Investors Forum
(C.P.No.20/2001) on 03.07.2003 at serial Nos.92 to 95 there is a mention
of the properties of the Company at Sonipat (Haryana).
16.
It is made clear to Shri Dev Dutt Sharma that in view of the
various orders passed by the different High Courts and the orders dated
17.08.2004 and 05.09.2006 of Hon’ble Supreme Court of India, the
property in question is in the ownership of Golden Forests (India)
Limited. The Committee
through its reply has presented a
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complete picture of the case. The property belongs to the Golden
Forests (
R.N. Aggarwal
Chief Justice (Retd.)
Dated:12.11.2011
Place: Chandigarh
Note:
The matter was heard by the State Information Commission,