Are you facing issues with unauthorized water motors connected to your water supply lines? Many Indian citizens grapple with such problems, impacting water pressure and fair distribution. The Right to Information (RTI) Act, 2005, empowers you to seek information and even prompt action from government bodies. This case highlights how an RTI application can be used to address the issue of illegal water motor installations and what the Central Information Commission (CIC) had to say.
Background: What Information Was Sought
An individual filed an RTI application with the Superintendent Engineer of the Delhi Jal Board (DJB). The core of their query was to ascertain the legality of installing unauthorized water motors alongside water meters that were already in place. Furthermore, the applicant sought to know the specific rules and regulations governing such installations. The Public Information Officer (PIO) of the DJB responded point-wise information. Crucially, the PIO clarified that the installation of unauthorized water motors along water lines is indeed not permitted. To support this, the PIO also provided a copy of the relevant rule from the DJB Act, citing Section 19(3) of the Act, which pertains to appeals against decisions within ninety days. However, when the applicant appealed this decision, the First Appellate Authority (FAA) suggested exploring other avenues for grievance redressal, rather than directly addressing the removal of the unauthorized motors.
How the Public Authority Responded
The initial response from the Public Information Officer (PIO) was informative. They confirmed that unauthorized water motors are not allowed and provided the relevant rule. However, the First Appellate Authority (FAA) deflected the responsibility, directing the appellant to seek redressal through other mechanisms, which often leads to confusion and further delays for citizens seeking straightforward solutions.
The CIC Hearing: What Happened
The matter eventually reached the Central Information Commission (CIC) as a second appeal. During the hearing, the appellant strongly argued that since the installation of water motors on water lines was illegal, the CIC should direct the DJB to take action and remove all such unauthorized motors. The respondent from the DJB stated that the illegal water motor at the appellant’s residence had already been disconnected from the water line. To substantiate this claim, they presented photographs as documentary evidence, showing the disconnection.
The CIC Order and Its Significance
The Commission, after reviewing the evidence and arguments, observed that the appellant’s primary grievance had indeed been addressed, and the purpose of filing the RTI application – to get the illegal motor removed – had been achieved. The CIC noted that while the RTI Act is primarily for seeking information, the request to actively remove all illegal motors across an area might extend beyond its direct ambit. However, recognizing the broader public interest, the Commission made a significant recommendation. They directed the DJB to take appropriate action to remove all illegal water motors connected to water lines in the specific area concerned. The Commission considered the case closed with these directions, emphasizing the need for proactive measures for the benefit of the public.
Key Lessons for RTI Applicants
- Lesson 1: Focus on Information and Action: While the RTI Act is primarily about seeking information, you can often use the information obtained to prompt action. In this case, proving the illegality of the motors through RTI led to their removal.
- Lesson 2: Understand the Scope of RTI: The CIC acknowledged that while direct enforcement might be beyond the strict scope of RTI, recommendations for action in the public interest are possible. Frame your requests clearly, highlighting the public interest aspect if applicable.
- Lesson 3: Persistence Pays Off: Even if the initial response or FAA’s decision is not entirely satisfactory, pursuing the matter to the CIC can yield positive outcomes, especially when the issue has broader public implications.
How to File a Similar RTI Application
- Identify the Correct Public Authority: Determine which government department or agency is responsible for water supply and regulation in your area.
- Draft Your RTI Application Clearly: State precisely what information you are seeking. For instance, inquire about the legality of specific installations and request copies of relevant rules or circulars.
- Specify Your Grievance (If Any): If you have a specific problem, like an unauthorized motor affecting your supply, mention it clearly and request information that can help resolve it.
- Follow Up and Escalate if Necessary: If you don’t receive a satisfactory response, file a First Appeal and then a Second Appeal to the CIC if needed.
Sample RTI question you can use:
Under Section 4(1)(a) of the RTI Act, please provide information on the rules and regulations governing the installation of water motors along with water meters. Please also provide details of any circulars or orders issued department regarding unauthorized water motor connections and the process for their removal in public interest.
Conclusion
This case demonstrates the power of the RTI Act in addressing everyday civic issues. information about the legality of unauthorized water motors and the relevant rules, the applicant not only got clarity but also prompted action from the authorities. Remember, the RTI Act is a tool for transparency and accountability. Use it wisely to seek information and advocate for fair practices in your community.
