Companies & Sectors
SC asks Tata Motors co clarify stand on Singur land
“You are not carrying out any business there. You cannot be expecting any profit from the land. Why should you come in the way of the state handing it back to the agriculturists?” the court said
 
The Supreme Court today asked Tata Motors to clear its stand on Singur land. The court asked the automobile major to consider restoring the land in West Bengal back to the state government so that it could be returned to the agriculturists from whom it was acquired.
 
The apex court bench of justices HL Dattu and Dipak Misra told Tatas that they are lease holders.
 
“You are not carrying out any business there. You cannot be expecting any profit from the land. Why should you come in the way of the state handing it back to the agriculturists?” the court said.
 
The court asked Tatas’ counsel Gopal Jain to respond to its suggestion by 6th August.
 
The court was hearing a special leave petition filed by the West Bengal government challenging the quashing of the Singur Land Acquisition Act by the Calcutta High Court.
 
The West Bengal government and the central government represented respectively by senior counsel Rakesh Dwivedi and Solicitor General Mohan Prasaran told the court that the state is willing to return the compensation with interest to Tatas if they restore the land to the farmers.
 
The state government had moved the apex court against the high court order, which had struck down the Singur Land Rehabilitation and Development Act, 2011, that allowed it to reclaim the 400 acres of land given to Tata Motors.
 
The high court had on 22nd June last year, ruled that the legislation enacted by the West Bengal government to recover the land leased to Tata Motors in Singur for its Nano small car project was constitutionally invalid as the president’s assent had not been taken for the Act.
 
The high court’s order had come on an appeal by Tata Motors against a decision of single-judge bench which had held the Act to be constitutional.
 

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RTI Judgement Series: Unavoidable and designed harassment due to unproductive procedures
This is another case of harassment of retired employees, where the employee had expired and his wife and son were running from pillar to post. This is the 131st in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application
 
The Central Information Commission (CIC), while allowing an appeal, said, that the employee had expired and his wife and son were running from pillar to post to obtain information about the assured career progression (ACP) scheme, which should have been granted to the deceased about 10 years back.
 
While giving this judgement on 7 August 2009, Shailesh Gandhi, the then Central Information Commissioner said, “This is again a case where the inefficient working of public authorities leads to harassment of people who have retired from service.”
 
Delhi resident Ravi Aggarwal, on 19 December 2008, sought information on the retirement dues of Deepak Aggarwal from the Public Information Officer (PIO) at the office of deputy director of education in Delhi. Here is the information he sought under the Right to Information (RTI) Act and the reply given by the PIO...
 
1. Intimate the date of appointment of late Shri Deepak Aggarwal, who was worked as trained graduate teacher (TGT) in Government Girls Senior Secondary School, B-Block, Yamuna Vihar, Delhi-53 and expired on 17 June 2001
PIO's Reply: Date of appointment of late Shri Deepak Aggrawal was 12 October 1970
 
2. Intimate the date of 2nd financial upgradation granted to him under the old assured career progression (ACP) scheme.
PIO's Reply: The 2nd financial up gradation under ACP scheme is yet to be granted … 9 August 1999 
 
3. If not granted, intimate the reason thereof.
PIO's Reply: The file is under process
 
4. Intimate the name of the officer, who is responsible for the same.
PIO's Reply: ACP is granted by Head of Department (ACP Cell) 
 
5. Intimate what action has been taken against that officer?
PIO's Reply: Case is still under consideration
 
6. Intimate within how much time case of granting him 2nd financial upgradation under the old ACP Scheme would be finalized.
PIO's Reply: Case is being finalized by ACP Cell whenever they fix up the date
 
Citing that the PIO has not given specific information about point 3 to 6, Aggarwal filed his first appeal. In his order, the First Appellate Authority (FAA), mentioned that PIO supplied the required information to the appellant.
 
Aggarwal then approached the CIC with his second appeal stating that the PIO had furnished incomplete and incorrect information.
 
During the hearing, Mr Gandhi, the then CIC noted that the appellant (Aggarwal) was seeking details of ACP, which should have been granted about 10 years back. The employee had expired and his wife and son were running from pillar to post. The appellant claimed that around Rs50,000 is likely to be due. 
 
The PIO admitted that there was needless chain of procedures which go on for years creating work for officers without any productive outcome. This leads to an unavoidable and designed harassment of senior citizens and their families, the PIO stated.
 
While allowing the appeal, the CIC then directed the PIO to give the status of the ACP to the appellant before 20 August 2009.  
 
 
CENTRAL INFORMATION COMMISSION
 
Decision No. CIC/SG/A/2009/001657/4385
Appeal No. CIC/SG/A/2009/001657
 
Appellant                                         :          Ravi Aggarwal  
                                                                       Delhi - 110092
 
Respondent                                      :          Sushila Ahlawat
                                                                       APIO
                                                                       O/o The Dy. Director of Education, 
                                                                       District North East, RTI Cell,
                                                                       Yamuna Vihar, Delhi
 

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