In violation of the Right to Information (RTI) Act, 2005 and after a delay of nearly two months, authorities in north Kashmir’s Handwara have asked an RTI applicant to pay Rs 24,100 as fee to obtain the requested land ownership details.
The applicant, Rasikh Rasool Bhat, an RTI activist, has been informed by the Tehsildar Handwara that the requested details have been consolidated and are ready for sharing.
“However, as per the applicable rules, a demarcation fee of Rs. 24,100 must be deposited since our field agency conducted an on-site demarcation of each survey number,” read the communication sent to the applicant.
It added that the fee is mandatory for such processes and must be paid before the information can be provided in Government account 0029-LR as mandatory under the reverent provisions of Jammu and Kashmir Land Revenue Act.
The applicant, through an RTI application, had sought land ownership details along the Handwara-Bangus Road-a matter already before the National Green Tribunal for alleged violations.
He stated that the Land Revenue Act (LRA) and the Right to Information (RTI) Act are two distinct laws, each serving different purposes.
He noted that the LRA governs the management, maintenance and registration of land records, while the RTI Act ensures that citizens have access to information held by public authorities, fostering transparency and accountability.
“When land records are considered public information, they fall under the purview of the RTI Act, meaning citizens can request and access these records without necessarily following the provisions of the LRA,” he said.
Rasikh further alleged that the Tehsildar initially asked him to wait for 30 more days for accurate information.
“However, after more than thirty days, the Tehsildar invoked irrelevant LRA charges under the RTI Act, which is totally unjustified,” he said.
“When officials do not fully understand the provisions of the RTI Act or the public’s right to access land records, it can lead to delays, refusals, or confusion, making it harder for citizens to exercise their right to information,” he stressed.
The RTI activists said that the lack of awareness can undermine the effectiveness of the law, impacting democracy by reducing citizens’ ability to hold Government agencies accountable and make informed decisions.
“Addressing this issue would require more training for officials, clearer guidelines, and public awareness campaigns to ensure the RTI Act is correctly applied,” they said.
It is to be noted here that earlier, in a different case regarding the Handwara-Bangus Road, the authorities had denied the applicant the land ownership details, citing third party information. However, after the first appeal, the information sought was provided. (Daily Excelsior)
