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Polluting Factory ShutdownThis story was published by Indian Express, Delhi, in August 2004:

Kapil Jain, a resident of Vishwas Nagar in east Delhi, doesn't fancy himself as a hero. "I am an ordinaperson who wanted to lead an ordinary life. I live according to the principles of my father," says the 34year-old, who gave up engineering because his father wanted him to become a teacher.

However, when his neighbour began running an illegal plastic recycling factory, he couldnt sit back awatch. It was hell, absolute unbearable hell. The walls kept shaking, nauseating gases hung in theair, he says, recalling the circumstances that led him to use the Delhi Right to Information Act.

The factory was started in 1993, a year before he got his job. But my father would say, how can wecomplain against our own neighbour? remembers Kapil. He first complained to the police in 1995 buthat didnt bring much relief.

He had almost given up hope and was contemplating selling off his house when he came across

newspaper reports on the Right to Information Act in 2001. He soon picked up a booklet.

In December 2002, he filed a complaint with the Deputy Commissioner of Police and forwarded a copto the SDM of the area as directed in the booklet. I visited the SDMs office at least five times betweeFebruary and August 2003. Finally, I approached the Deputy Commissioners office again and filed anapplication under the RTI Act, wanting to know what was happening to my complaint.

On September 1, I received a reply saying they had forwarded my complaint to the Delhi PollutionControl Committee but no reply had been received. So, on September 3, I filed an RTI application atthe DPCC. Then, surprise of surprises, they replied they had already sent an inspection report of theunit categorizing it a polluting unit liable to be shut down, he says.

Jain got a copy of the DPCCs letter classifying the unit as illegal and himself approached the SDM.The factory was sealed the next day, says Jain triumphantly.

Kapil is angry that nobody has been held accountable for his familys bad health and losses including an unborn child. Instead he had to face the ire of his neighbours. The couple now await thebirth of their first child in December this year

MLA fund UtilisationEvery MLA in Delhi gets two crores of rupees every year to spend on works for the development of hiconstituency. This is the peoples money. MLAs should ask the people of their constituencies beforetaking decisions on how this money should be spent. However, most of the time, this consultation is n

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done and money is spent on works, which may not be a high priority for the people. The people of Pandav Nagar wanted one street to be made. They approached their MLA with a request to get this work done through the MLAfund. The MLA refused saying that the fund had already been exhausted. People applied under the Right to Information Act to know the list of works sanctioned using their MLAs funds and also the balance amount, if any. They were shocked to know that hardly any works had beencarried out through the MLA fund that year and almost the entire amount was lying idle. Equipped with this information, the people againapproached their MLA. It was difficult for the MLA to refuse their request this time.

M rs.Bhaduri fights Dengue with RTIAs the death toll from dengue rises to 52 let us see how last year Mrs. Bhaduri chose to fight the spread of the disease using RTI. If you have a blocked sewer where mosquitos are breeding, here is a success story that might be useful for you.

Mrs. Madhu Bhaduri filed a RTI application with the Delhi Jal Board (DJB). Her mother lives in Hauz Khas, block K and had been complaining about a block sewer for a month. Mrs. Bhaduri spoke to the Junior Engineer (JE) to get the matter looked into as the block had started to stink and mosquitoes had become a

big problem. The Engineer simply said he'd look into the matter and that the DJB was using very heavy machinery to rectify the problem, and then he didnothing.

Finally, when nothing else seemed to be working, Mrs. Bhaduri filed a RTI application in which she wrote:For an entire month the sewerage system of block P and K has been blocked. On December 7, I spoke to the JE and was assured that the situation will improveand that the DJB has been using heavy machinery to rectify the problem.

So far no action has been taken. Our complaints have only been answered through false reassurances that the problem will be taken care of. As a result of theslack behaviour, the residents are compelled to live in unhygienic conditions; our entire block smells and has become a breeding ground for mosquitoes.

Please provide the following information:

What has been the daily progress report made on our complaint made to the Junior Engineer on December 7, 2005?

Provide names and designations of officers in charge of handling my complaint.

Provide copy of inspection report prepared on the complaint.

What departmental action will be taken against defaulting officers?

What is the stipulated time of responding to public grievances?

What is/are the reason(s) for the sewer being blocked in our area? What are the steps taken to solve this problem?

Provide names of officers who are responsible for the stink in our block as a result of the blocked sewer.

Will the officers be responsible for health risks that the residents are being exposed to as a result of not acting on our complaint?

Will the DJB reimburse the medical bills for health problems caused to the residents for the month of December 2005? How? Please provide details of procedure.

Within a few days, Mrs. Bhaduri received a phone call from the JE saying that he was personally dealing with the complaint. He told her that he was standingright outside her mother's house and getting the sewer lines cleaned. Later he went to her mother's house, touched her feet and told her that he would take carethe problem.

Pending RTI complaints on rise in M umbaiM itali PatelPosted: Jun 02, 2008 at 0230 hrs IST

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M umbai, June 01 The Right to Information Act may have been meant to empower citizens by providing accurateinformation and data. But the lengthy court proceedings and pending cases under the sunshine law are now a causefor concern for users of the Right to Information tool as well as activists promoting this Act. Till March 2008, as manyas 3600 odd appeals and complaints under the RTI are pending with the State Information Commissioner in Mumbai.

Across the State, there are around 16000 applications and appeals are pending.

According to information collected by activists from the Information Commissioners office, various public informationofficers across the State received more than over 3 lakh applications in 2007, making it the leading state in the RTIusage. At this rate, the number is expected to cross 10 lakh by 2009, which means the number of pending caseswould also multiply, said activists.

In fact, common citizens seek information through the RTI as its considered hassle-free. With the rate of pendingapplications shoots up, getting information under the RTI is becoming as slow as litigation process in the courts, saidShailesh Gandhi, an RTI activist. RTI activists believe that piling up of appeals leads to delay in getting sensitiveinformation that may make an impact if obtained soon.

While the state is still attempting to clear the backlog of old applications, the Pune Information Commissioner recentlyset a record by resolving as many as 250 cases within a months time. Information Commissioner of Pune VVKuwalekar said: I have tried some experimental techniques. I dont claim that my techniques are infallible, but theyworked out in my territory. Kuwalekar and some activists recently shared their thoughts at a seminar on the risingproblem of pending cases while using the Right to Information Act.

Kuwalekar suggests that an informal discussion between the applicant and the PIO is the first tool to resolve pendingcases.

The most essential thing is that the problem of the applicant should be solved. For genuine complainants, a solutioncould be arrived at through the RTI or even a discussion, said Kuwalekar.

The second most common cause for pending RTI applications or appeals is, surprisingly, misplacement of relevantfiles by the government officials. A law against PIOs and other government officials who are unable to trace lost filesshould be implemented in Mumbai like in Pune, said Kuwalekar, who simultaneously stresses the need to deal withapplications considered irrelevant. Some people file applications without seriousness just because the Act givesthem the right to do so, said Kuwalekar. Important applications suffer due to such applications, he added.

Finally, a regular discussion after every 15 days between the PIO and the appellate authority, and a systematicrecording of an action-taken progress report will help clear the application quickly.