2016, ഏപ്രിൽ 1, വെള്ളിയാഴ്‌ച

Disclose records related to denotification of Wakf properties

________ A to Z kerala .......... [kvk] [www.atozkerala.in , www.atozkerala.blogspot.com]
>New Delhi: The Central Information Commission has directed the Central Government to disclose all records related to UPA government's decision to de-notify 123 Wakf properties which enabled their title to be transferred to Delhi Wakf board.
Information Commissioner Yashovardhan Azad rejected the contention of Union Ministry of Urban Development that the issue of transfer of properties, being a matter of policy is under reconsideration consequent to the directions passed by Delhi High Court.
"Every decision of council of ministers precedes deliberation and due consultative process. Any subsequent decision modifying or altering the earlier decision would be preceded by a consultative process 'distinct' from the earlier one. Thus, the proposition that a settled policy decision of council of ministers gets unsettled merely by an act of reconsideration is untenable," Azad said in his order.
Hearing the plea of activist Subhash Agrawal, he said once a decision is taken by Council of Ministers, the matter gets over and any subsequent reconsiderations of the earlier decision would not get the benefit of exemption as contemplated under section 8(1)(i) of the RTI Act for records forming part of it.
"However, exemption would be permissible for the records forming part of subsequent consultative process in consequence of any reconsideration, decision whereof is yet to be taken. Hence, the plea of Section 8(1)(i) is not maintainable in the present set of facts," he said.
The Information Commissioner said the plea of the Government that information could not have been disclosed since the information pertained to a cabinet decision facing challenge in Delhi High Court, at the relevant time is "grossly misplaced".
"Clause (b) to Section 8(1) of the RTI Act, 2005 would have been applicable, had the court of law seized with the matter forbade disclosure of information expressly or revelation of information sought would have constituted contempt of court. Thus this plea of respondent is also found unsustainable," he said.
Section 8(1)(b) exempts disclosure of information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.
About sixty of these 123 properties are owned by the Land and Development Office (L and DO) under the Urban Development Ministry while the rest are with Delhi Development Authority.
The decision had enabled the Wakf Board to take a call on the properties including selling them. These properties are spread over prime locations in the capital in and around Connaught Place, Mathura Road, Lodhi Road, Man Singh Road, Pandara Road, Ashoka Road, Janpath, Parliament House, Karol Bagh, Sadar Bazaar, Darya Ganj and Jangpura.
The minority affairs ministry had set up a committee of experts under the Central Wakf Council to evaluate the proposal. The expert committee backed the proposal.

Mehbooba to be sworn in as J&K’s first woman CM on April 4 -

Srinagar: PDP president Mehbooba Mufti will be sworn in as the first woman Chief Minister of Jammu and Kashmir on April 4, a party leader said on Friday. “Mehbooba Mufti sahiba will be sworn in as Chief Minister on April 4,” PDP leader Amitabh Mattoo said in Srinagar. Mr. Mattoo, who worked as an advisor to the former Chief Minister Mufti Mohammad Sayeed, expressed the hope that 56-year-old Ms. Mehbooba would usher in a new era of peace and prosperity in the region. Meanwhile, sources in the PDP and its alliance partner BJP said they have also conveyed the mutually agreed date for the swearing-in ceremony to Governor N.N. Vohra The date for the swearing-in ceremony of the new Cabinet was decided after deliberations between the leadership of both the parties, they said. Asked whether there were any differences between the coalition partners which led to the delay in the swearing-in ceremony, the sources said there were no differences but deliberations between alliance partners happen and they take time. The PDP and the BJP had staked claim for government formation on March 26, two days after Ms. Mehbooba was elected as the PDP’s legislature party leader.< After the death of her father, who headed PDP-BJP coalition government for 10 months from March 1 last year until his death on January 7 this year, Ms. Mehbooba was reluctant to take over as Chief Minister coalition government. She was seeking assurances from the Central government on implementation of Agenda of Alliance, Common Minimum Programme (CMP) framed by the two parties last year. Ms. Mehbooba also sought some J&K-specific confidence building measures.
Ms. Mehbooba had described her meeting with the Prime Minister as positive, saying she was satisfie

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