Right to information, not justice

Kurla architect Anil Noronha files RTI but finds that cooperation dept authorities ignore its findings while passing orders

Right to information, not justice

Kurla architect Anil Noronha files RTI but finds that cooperation dept authorities ignore its findings while passing orders

Setting another example which showcases not only the reach, but also the limitations of RTI (Right to Information), architect Anil Noronha claimed to have unearthed major chinks in the functioning of his society in Kurla.

However, he is still awaiting justice from the cooperation department authorities who have dissolved his newly-elected managing committee.

Noronha alleged that despite showing proof of a functioning Managing Committee (MC) and despite the complainant remaining absent for collectively eight hearings, the Deputy Registrar (L-Ward) and Divisional Joint Registrar (Mumbai) have ordered fresh elections.

"The Deputy Registrar took a decision on dissolving my committee in one hearing (complainant absent), and within a week, while my complaints with his office are pending for years," he explained. His pending complaints ask for a police search of papers required for audit still in the possession of dismissed committee members and regularisation of annual general body meetings.

"It is ironic that these are the additional reasons quoted in the order of dissolution that an audit was not conducted and the AGM not held," he added. Noronha was baffled by the Deputy Registrar's order (March 31, 2009), which says that there are three MC members but goes on to state that it has come into "minority". He pointed out that three out of a five-member MC is adequate quorum.

He has now filed a second appeal with the Ministry for Cooperation at Mantralaya.

A response to an RTI filed by him in 2007 with the building proposal and the water department of the BMC (SMD has acquired copies of the same), indicate discrepancies in accounts of the Crimson Glory Society under management of the previous committee. Noronha further alleged that he successfully opposed and blocked a second round of major repairs without tenders as bye-laws demand and paid a price for it by being declared a non member and was refused access to society records.

The RTI revealed that no BMC permission had been sought (by the original committee) for an underground tank and a mere Rs 14,450 was deposited for increasing the size of an incoming pipe. However, the committee estimated and billed Rs 28,000 for the former and Rs 85,000 for the latter including the cost of piping and architect's fees for the same. After the old managing committee resigned without replying to the RTI, elections conducted by the Registrar brought in Noronha's committee.

Alleged irregularities

Noronha pointed out that a completely documented and transparent repair process that the 34-year-old building was in dire need of, commenced. However, a section of the membership with two committee members alleged irregularities with the Deputy Registrar's office and the police about the repairs contract and the borewell constructed. These two committee members were later removed by an order of the Deputy Registrar. Noronha also alleged physical intimidation by some members when he went about his duties as a Secretary.

When contacted Milind Borikar, District Deputy Registrar, Eastern Region, informed that he would be shortly getting all the relevant files from the concerned departments, which pertain to the case and take appropriate action.

In denial

Agnelo Mendes, the ex-secretary categorically denied that any of his committee members or he had erred in their responsibilities. "Let anybody say anything, it does not bother or affect me," he said, refusing to add to his comments.

H Silveira, the ex-chairman who had made numerous allegations of fraud against Noronha also refused to comment.

The Supreme Court on friday, has decided to protect the office of the Chief Justice of India from the Right to Information act. Justices B Sudershan Reddy and Deepak Verma have stayed directives that could bring in a transparency in the appointment of judges

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