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Order on Appeal No 2034-06/22 Sharafat Ali Zia Vs Capital Development Authority

The appellant in the instant appeal has requested the Capital Development Authority for yardstick applied to determine the requirement of non-executive members of CDA Board and necessity of keeping such number at four and Criterion (of qualification/ experience etc) adopted for making selection/ appointment of non-executive members currently in position in a transparent manner and how far did           they meet that             criterion;

The appellant also asked to the Financial perks and other benefits (e.g plot etc) admissible to non-executive members of CDA Board along with the ones actually drawn by them since appointment till now.

The record on the file shows that respondent has provided the complete requested information except information requested in Para-v of the information request dated June 10, 2022.

The Respondent is directed to provide the remaining information to the appellant.

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Order on Appeal No 2262-10/22 Yasir Chaudhry Vs Pakistan Housing Authority Foundation

In the instant appeal, the appellant has sought a record of a tender and a copy of Inquiry Report of 2016 submitted by the Director Admin PHA Foundation under which recommendations/ findings for cancellation of All Gray Structure Contract Agreement (10 Packages) Houses at PHA Foundation Officers Residentia Kuri Road Islamabad was made.

The Appeal is allowed and Director (Admin) / Public Information Officer, Pakistan Housing Authority Foundation is directed to provide complete information to the Appellant, at the earliest but not later than 7 working days of the receipt of this Order.

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Order on Appeal No 2199-09/22 Rana Abrar Khalid Vs Capital Development Authority

The appellant in the instant appeal has requested information about the approval of the multi-story commercial building “Al Safa Arcade II” situated at Sector F-11 Islamabad.

This Commission in an order on “Appeal No 1014-04-2021 Nadeem Umer Vs Cantonment Board Rawalpindi” has maintained that “the requested information is related to the commercial buildings therefore the record sought by the appellant is one of public importance and interest for the public at large. Keeping in view the spirit of the act for upholding the transparency the sort of information is mandated to be published and displayed as required under section 5 of the Act.

There is no cavil in holding that the information and record pertaining to the approved maps and layout plan of the commercial buildings must be made available by the Board on the website as well as on the notice board of the office and at the site to the access of the general public.”

It is pertinent to mention that Cantonment Board Rawalpindi, in compliance of the above mentioned order of the Commission has shared the all approved maps of the commercial buildings situated in their jurisdiction of the website.

Appeal is allowed. Secretary (CDA Board), Capital Development Authority is directed to provide requested information to the Appellant, at the earliest but not later than 7 working days of the receipt of this Order.

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Order on Appeal No E328-09/2022 Sajid Ur Rahman Vs Printing Corporation of Pakistan

The appellant requested to provide Gazette Notification No. F 1(2)/2022-Estt-II dated the 23rd February, 2022 issued by the Election Commission of Pakistan addressed to the Manager, Printing Corporation of Pakistan Press Islamabad in terms of Article 19(a) of the Constitution of Islamic Republic of Pakistan read with Section 3, 11 and 14 of the Right of Access to Information Act, 2017. For facility of reference, a copy of the said notification is enclosed herewith.

The Respondent has provided the requested document to the appellant, the appeal is disposed of.

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Order on Appeal No 2025-06/202 Raza Ahmed Khan Vs Comsats University, Islamabad

The appellant has requested copy of agreement with legal counsel(s) and amount of legal expenses including lawyer(s) fees paid backed by copies of payment vouchers in Islamabad High Court W.P. No. 2631/2020.

The Respondent has provided the complete requested information to the appellant during the hearing held on October 28, 2022. However, the Respondent is also bound to fulfill its duties mentioned in Section 5 and Section 9 of the Act.

The appeal is disposed of to the extent of the provision of the information to the appellant.

Rector, Comsats University, Islamabad is directed to take immediate steps to proactively share through the web site all categories of information mentioned in Section 5 of the Right of Access to Information Act 2017 and submit the compliance report to the commission in the Template for the Compliance Report-Proactive Disclosure of Information under Section 5 of the Right of Access to Information Act 2017’. This template is available under ‘Information Desk’ category at the web site of the commission www.rti.gov.pk. The compliance report be submitted to this commission within 30 days of the receipt of this Order.

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Order on Appeal No 2097-07/22 Zahid Bashir Vs Islamabad Boy Scouts Association

In the instant appeal, the citizen has requested the record of the recruitment in Islamabad Boys Scouts Association. The Respondent instead of addressing the information request of the Appellant in its response dated August 26, 2022 has raised objections on his membership. Moreover, if any Writ Petition filed by the appellant is pending before any court against the Respondent, it does not bar him from exercising his fundamental right of Access to Information.

Appeal is allowed. Secretary, Islamabad Boy Scouts Associations is directed to provide complete information mentioned in para 2 of this Order to the Appellant, at the earliest but not later than 7 working days of the receipt of this Order, with intimation to this office.

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Order on Appeal No 1932-05/22 Muhammad Iqbal Khan Vs Ministry of Information and Broadcasting

The citizen has requested the Ministry of Information and Broadcasting for the policy of former Prime Minister Imran Khan on granting media houses’ request for one-on-one interview?

The appellant also sought information how many interviews former Prime Minister Imran Khan gave to national newspapers, television channels and M radio stations?

The public body has provided the requested information pertaining to the Ministry of Information and Broadcasting. The appeal is disposed of.

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Order on Appeal No 2181-08/22 Saif Ullah Awan Vs. Pakistan Environmental Protection Agency

In the instant appeal, the citizen has requested the record of the recruitment in Pakistan Environmental Protection Agency. This Commission through multiple orders has held that the record regarding the recruitment in a public body is public document and it should be available on the websites of the public bodies to ensure transparency in the recruitment process of the government departments.

The appeal is allowed and the Pak-EPA is directed to provide the complete requested information to the appellant.

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Order on Appeal No 2051-07/22 Saba Afzal Vs Ministry of Climate Change

The response submitted by the Respondent demonstrates that the requested information about Chimney Smoke emission testing results along with a feasibility report on Zig-Zag technology is not available with the Respondent.

This commission is not mandated to make any judgement on the assertion of the Appellant that the PAK-EPA as a regulatory agency cannot support any technology, especially methodology, firstly unless not confirmed before the Laboratory test /feasibility report, in which any environment-friendly technology/methodology emissions parameters comply with PAK-EPA’s NEQS (National Environmental Quality Standards)”.

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Order on Appeal No 2192-08/22 Nisar Momand Vs Water & Power Development Authority

The Respondent submitted before this commission that PC-1 Warsak Dam and the agreement between the government and Trakzai and Malaguri tribe (Momand Tribe) regarding construction of Warsak Dam are old record and not traceable.

This commission notes with concern that such important records with financial implications have been lost by the Respondent. It raises serious questions the way the Respondent in maintaining its records.

It is incumbent upon all federal public bodies to ensure digitalization of public records after the enactment of the Act, 2017 as required under its Sections 5 and 8.

The Respondent has provided the requested information about “compensation Cheque issued by the government to the Warsak Dam affectees by stating that “In the Year 1962-65, an area of about 275 kanal and 3 marlas of Shinpukh Village submerged under Warsak Dam water for which compensation amounting to Rs. 123, 263.66/- was paid by this office as the project was in administrative control of WAPDA”. It has also stated that as far as compensation regarding acquisition of land for Warsak Dam and Power House is concerned, the matter may be taken up with concerned Ministry i. ethe then Ministry of Industry and Natural Recourses Government of Pakistan Please”. As the Respondent is not the custodian of the requested information, no further action is needed on this count.

This commission is satisfied with the response submitted before this commission by the Respondent for not providing the requested information about details of the total area acquired for Warsak Dam: “since the land was acquired by WDPO for construction of Warsak Dam, no relevant record of land acquisition available in this office, therefore Deputy Commissioner Khyber and Deputy Commissioner Mohmand is being requested many times for physical demarcation of WAPDA owned land as per their record”.

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