- (1.) This is an application filed by the petitioner Rabindra Nath Pal under Article 227 of the Constitution of India is directed against the opposite party alleging, inter alia, that the petitioner being a resident of the premises No.6, Bakul Bagan Road with an intention to get some information under Section 6(1) of the Right to Information Act, 2005 in respect of the building of the premises No.5A, Bakul Bagan Road, Ward No.72 of Kolkata Municipal Corporation where one Suren Mitra and some local roofs were residing permanently having no sanctioned of water and/or sewerage connection from KMC and the resident of that building has dig up a Well at the backward and thus it has turned the said building a futile breading ground for mosquitoes due to stagnant water and thus it is causing serious hazards for the locality threatening the lives of the people living nearby.
(2.) It is further alleged that the petitioner being the resident of adjoining premises has made five queries (Annexure 'P-1') to SPIO(Building)/Director General (Building), Kolkata Municipal Corporation on 16.11.2010 which are as follows:- (i) Whether the said building at 5A, Bakul Bagan Road has obtained Completion Certificate from the KMC? (ii) If not, can anyone reside there or utilize the said building for any other purpose? (iii) If the answer for (ii) is 'no', does the KMC complete to take actions to put a stop to the above noted illegalities? (iv) If the answer for (iii) is 'yes', how soon? (v) Would the KMC held itself liable if the lives of the people of the aforesaid locality become hazardous, owing to reasons detailed above?
(3.) It is also alleged that under Section 7 of the said Right to Information Act it is incumbent upon the opposite party No.2, Director General(Building)/State Public Information Officer, KMC to furnish information at least within 30 days from the date of receipt of the request, but in spite of lapse of statutory period of 30 days no response was received by the petitioner from the opposite party No.2 either rejecting the request for information or furnishing the same in discharge of statutory obligation and having no other way the petitioner on 7.1.2011 submitted a complaint to the opposite party No.1 the West Bengal State Information Commission, a public authority treated as complaint No.167 of 2011(Annexure P-2) complaining about failure of opposite party No.2 to respond to queries submitted by the petitioner seeking following reliefs:- (i) The SPIO be directed to release the information sought for immediately. (ii) The information now released should be free of cost. (iii) To impose penalty @Rs.250/- per day on the SPIO starting from 16.12.2010 till the day of release of information as asked for. (iv) To recommend for disciplinary action against the SPIO under the service rules applicable to him. (v) Adequate compensation by the employer of the SPIO, for subjecting the complainant to such, delay, harassment, costs, mental anxiety etc.;