CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/000404/7530
Appeal No. CIC/SG/A/2010/000404
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Rakesh Kumar Gupta
Flat Number 102, Pocket 1
C7D Block Shalimar Bagh
Outer Ring Road
New Delhi - 110067
Respondent : Mr. V. K. Garg
Public Information Officer &
Chief Manager (RL)
D.S.I.I.D.C. Ltd
Udyog Sadan, 4th Floor
419 FIE, Patparganj Industrial Area
New Delhi - 110092
RTI application filed on : 19/09/2009
PIO replied : 16/10/2009
First appeal filed on : Not enclosed
First Appellate Authority order : 10/12/2009
Second Appeal received on : 15/02/2010
Date of Notice of Hearing : 19/03/2010
Hearing Held on : 21/04/2010
S.No Information sought Reply of PIO
1. All information of plots listed in the letter sent to Information sought not available in consolidated
the appellant vide letter Number form. Information sought against 73 cases cannot
DSIDC/CM/RL/ID730/09DT 8/9/2009. be supplied as it falls under section 8 (1) (j) 7 11
Information should be in soft form. All of the RTI Act
information in respect of two Allottee (Namely In ref to the Hon CIC vide orders dated
file No. 23311 & 24410). 25.09.2009 the order was very specific.
Appellant has also given ref to Hon CIC Order
(CIC/SG/A/2009/001828/4846)
2. “Provide reason on records (due to which) The case under Application NO.17934 was
allotment of plots is not cancelled although cancelled as it was a defaulter case of non
(DSIDC/RL/PLOT/17934) allotment was payment of the initial 50% payment as per
cancelled request to accept the full payment on directions of the Hon’ble Supreme Court of India.
3/8/2001 & 6/8/2001" Information already provided through various
Provide procedure/rules followed in the case replies by respondent to appellant's RTI
listed. applications.
The reason for non cancellation of the 73 cases,
under reference is not of the nature like the
cancellation done in the application no. 17934
Information on procedure/rules followed in the
cases referred above has already been provided to
appellant in his previous RTI applications
3. Inspection of all the records in the above request Respondent feels, due to voluminous nature of
records concerned, inspection all records by the
appellant unnecessary. Free to inspect any 2-3
files randomly on the office on any working day
during public hours.
Note:
The PIO alleges that the appellant has been misusing the RTI Act in order to harass the PIO by
filling various RTI applications on the same subject time and again, and has asked the appellant
to take legal course if he feels that the allotment of Application No. 17934 was cancelled
arbitrarily by the office.
Grounds for First Appeal:
Not enclosed
Order of the FAA:
Information in regard to query No. 1 & 2 has been adequately furnished.
Inspection to all records, in regard to query No. 3, is not feasible. Appellant permitted to inspect
any ten numbers of files randomly selected by him.
Grounds for the Second Appeal:
Incomplete and false information provided by PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Rakesh Kumar Gupta;
Respondent: Mr. V. K. Garg, Public Information Officer & Chief Manager (RL);
The appellant had earlier file a RTI application and the Commission had ruled in
Decision no. CIC/SG/A/2009/001828/4846 on 18 September 2009 that the rules for allocation of
plots must be displayed on the website in fulfillment of Section-4 requirements by the
Department. This was supposed to have been done before 10/10/2009. Discussions with the PIO
revealed that even today there is no set of rules available in the compiled form. The Appellant
alleges that the allocation and cancellation of plots is being done illogically. The PIO is now
directed to ensure that rules for allocation and cancellation of plots should be compiled and given
to the appellant before 15 May 2010. These will also be displayed on the website and a
compliance report will be sent to the Commission by 20 May 2010.
The PIO will also facilitate an inspection of the files after the rules are compiled.
Decision:
The Appeal is allowed.
The PIO is directed to ensure that rules for allocation and cancellation of plots should be
compiled and given to the appellant before 15 May 2010. These will also be displayed on the
website and a compliance report will be sent to the Commission by 20 May 2010. The PIO will
also facilitate an inspection of the files by the Appellant after the rules and compiled and copies
of the records which appellant wants will be given free of cost upto 300 pages.
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
21 April 2010
(In any correspondence on this decision, mention the complete decision number.) (DR)