Central Information Commission Judgements

Mr.R D Misra vs Mcd, Gnct Delhi on 18 October, 2010

Central Information Commission
Mr.R D Misra vs Mcd, Gnct Delhi on 18 October, 2010
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                                Decision No. CIC/SG/A/2010/002435/9801
                                                                       Appeal No. CIC/SG/A/2010/002435
Relevant Facts

emerging from the Appeal

Appellant : Mr. R D Mishra
251 D, J&K, Dilshad Garden,
New Delhi – 110095

Respondent : Mr. Dalip Singh
Public Information Officer & AC
Municipal Corporation of Delhi
O/o Assistant Commissioner
(Land and Estate Department)
Town Hall, Chandni Chowk, Delhi – 110006

RTI application filed on : 04/06/2010
PIO replied : No reply.

First appeal filed on                   :       27/07/2010
First Appellate Authority order         :       Not enclosed
Second Appeal received on               :       01/09/2010
Date of Notice of Hearing               :       21/09/2010
Hearing Held on                         :       18/10/2010
S. No                                              Information Sought
1.      -        Which markets belonging to L & Do/DOE/ CPWD etc. have been transferred to MCD, give
                 names?
        -        Give names of those markets also which are transferred but not yet      handed over to
                 MCD.
        -        Give dates of transfer and data of hand over of above said markets.
        -        Which markets possession is not taken by MCD.

2. Give list of shops which (after 1.4.07) were sold / purchased) done free hold I got mutations/other
transactions giving dates of transaction.

3. Inspection of all record including reports by dealing assistants be allowed.

4. – Give details of Mr. Mahabir Singh AO/GrE Deptt (Land & Estate), when he
joined in L&E, all his previous posting places with date of joining in each department
since appointment.

– Also give details of RDA / any agency/vigilance enquiries faced by him in his service since
appointment.

5. List of shops in the above said shops (handed over to MCD) which were sold/purchased/Mutation
done/got power of attorney etc. without removal of unauthorized constructions/encroachments etc.
what action is done against such shops (occupier and against guilty MCD Officer.

6. – Whether it is correct that a police complaint was lodged against Mr. Mahabir Singh
AO./L&E by a market person/citizen.

– Give copy of complaint & AIR.

7. Give details regarding Pushpa market, Panchkuian Road with present status.

8. What amount of loss of Revenue incurred to MCD due to none compliance of Free hold policy of
above said markets.

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9. The reasons why clerks were deputed to give technical / physical report on above markets, instead of
engineers. How many engineers JE/AEs were sanctioned for L&E for above purpose, how many were
allowed joining in L&E by OSD. How many files were given to Mr. Mahesh AE during his tenure.

10. Inspection of record & certified copies be allowed.

Grounds for the First Appeal:

No information provided by the PIO.

Order of the First Appellate Authority (FAA):
Not mentioned.

Grounds for the Second Appeal:

No information provided by the PIO.

Relevant Facts emerging during Hearing:
The following were present:

Appellant: Absent;

Respondent: Mr. Mahavir Sing, AO on behalf of Mr. Dalip Singh, Public Information Officer & AC;

The respondent states that he has send the information to the appellant on 25/06/2010. The PIO
has offered inspection of the records but states that the appellant had not taken the inspection.

Decision:

The Appeal is allowed.

The PIO is directed to facilitate an inspection of the relevant records if the appellant
comes in his office on 01/11/2010 from 10.30AM onwards.
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 of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
18 October 2010
(In any correspondence on this decision, mention the complete decision number.)(RR)

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