Central Information Commission Judgements

Mr.Radhey Shyam Sharma vs Municipal Corporation Of Delhi on 15 July, 2009

Central Information Commission
Mr.Radhey Shyam Sharma vs Municipal Corporation Of Delhi on 15 July, 2009
                    CENTRAL INFORMATION COMMISSION
                        Club Building (Near Post Office),
                      Old JNU Campus, New Delhi - 110067.
                             Tel: +91-11-26161796

                                                    Decision No. CIC/SG/A/2009/001396/4137
                                                           Appeal No. CIC/SG/A/2009/001396

Relevant Facts

emerging from the Appeal:

Appellant                            :      Mr.Radhey Shyam Sharma
                                            S/o Late Sh. Rizak Ram Sharma,
                                            6 C.S.C. Vasant Enclave,
                                            New Delhi-110057.

Respondent                           :      Mr.Satnam Singh
                                            ADM/LAC & PIO(SW)
                                            Municipal Corporation of Delhi

Office of the Addl. Distt. Magistrate/LAC(SW)
Room No-12, Old Terminal Tax Bldg.

Kapashera, New Delhi.


RTI application filed on             :      16/02/2009
PIO replied                          :      26/03/2009
First appeal filed on                :      Not enclosed
First Appellate Authority order      :      06/05/2009
Second Appeal received on            :      06/06/2009

Sl.          Information sought                               PIO's reply
1. What was the total area of Khasra         Matter pertains to Halka Patwari, Tehsil
    No.33 of village Basant Nagar.           Vasant Vihar.
2. How much land was acquired out of         Khasra NO. 33/10, as acquired vide Award No.
    Khasra No. 33 and how much was left      1879 of village Basant Nagar. The total area of
    un acquired and what is their Khasra     acquired Kh. No. 33/10 is 136 bigha 14 biswa.
    No. at present.
3. Supply four copies of AKS Sirzra and       Copy of Aks Sizra has already supplied to the
    Titamma field book of Khasra No.          Appellant. The Appellant can see it personally

33/1 to 33/9 and 33/10. in the office, as photocopy of Aks Sizra is not
clear due to its wear and tear condition.
Tatima filed book is not attached in the award
file.

4. Clarify that in case of non-availability Matter pertains to Halqua patwari, Tehsil
of records of Titamma field book and Vasant Vihar.
AKS Sizra whether it is possible to
identify or certify that which
particular portion of land/house is
falling in which Khasra No.

Grounds for First Appeal:

Not enclosed.

Order of the First Appellate Authority:
“The reply to question no. 2 as given by the LAC branch is not specific and complete. As such
PIO(SW) is directed to supply the information within 7 working days.”

Grounds for Second Appeal:

Non-compliance of the order of FAA by the PIO.

Relevant Facts emerging during Hearing:
The following were present:

Appellant: Mr.Radhey Shyam Sharma
Respondent: Mr. Vinod Kumar, Naib Tehsildar (LAC) on behalf of PIO Mr. Satnam Singh
The Appellant has not got the reply to part of query 2 in which he had asked how much of
Khasra 33 left unacquired and the Khasra nos. He has also not being provided the photocopy of
Khasra nos. 33/1 to 33/9 and the Tatima Sizra Field Book. The Respondent states that this
information is with PIO, SDM-Vasant Vihar.

Decision:

The appeal is allowed.

The PIO Mr. Satnam Singh is directed to obtain the information described above from PIO
SDM, Vasan Vihar and provide it to the Appellant before 30 July 2009.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this order will be provided free cost as per Section 7(6) of
RTI Ac.

Shailesh Gandhi
Information Commissioner
15 July 2009

(In any correspondence on this decision, mentioned the complete decision number.)
(AK)