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Decision No. CIC/SG/A/2009/002871/6185
Appeal No. CIC/SG/A/2009/002871
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Rajesh Sharma
R/o House No. 609, Near Masjid,
Village Khera Kalan, Delhi - 110082.
Respondent : Mr. Ashish Mohan
Public Information Officer & SDM
Govt. of NCT of Delhi,
O/o The S.D.M.
Narela At Alipur, North West District,
Neew Delhi - 110036.
RTI application filed on : 18-08-2009
PIO replied : 05-09-2009
First appeal filed on : 18-09-2009
First Appellate Authority order : no replied
Second Appeal received on : 10-11-2009
Date of Notice of Hearing : 27/11/2009
Hearing Held on : 31/12/2009
The Appellant had sought following information from PIO, SDM – Narela, New Delhi in
respect of order of LG passed dt. 13-06-2000 about the land of Gram Sabha.
S. No. Information sought PIO's reply a. According to the order to the LG dt. 13-06- Chakbandi work is necessary in the
2000 the land could be given for agriculture village of Khera kalan. The land of
purposes, DVB, Dispensary, Hospitals, gram sabha can be given to the
School & Colleges, Complaint center Or Khatedar by Chakbandi officer or can
despite giving for the others purpose for the be given to gram sabha of Khatedar
agriculture etc. land. Others information can be taken
from the CO.
2. The land of the Gram Sabha should not be As above.
given for using in agriculture but even then
the land nos. 51/17 & 51/18 has been given.
Is not the contempt of the LG’s order.
3. Is it given as per LG’s. order. As above.
4. Under who’s order land has been transferred. As above.
5. Can be transferred or allotment after doing the As above.
contempt of LG’s order.
6. Provide the copy of order & name of the Related to the CO(N).
officer who transferred the land.
Ground of the First Appeal:
Incomplete and irrelevant information given by the PIO.
Order of the FAA:
Not received any order form The First Appellate Authority.
Ground of the Second Appeal:
The incomplete information had been provided by the PIO -Govt. of NCT of Delhi, Narela,
New Delhi.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Rajesh Sharma;
Respondent : Mr. Deepak Kumar, Naib Tehsildar on behalf of Mr. Ashish Mohan, PIO & SDM;
The appellant states that he has not received any FAA’s order but he went to the office of
the FAA and has been given an order issued by Mr. D. P. Dwivedi, First Appellate Authority and
Dy. Commissioner (NW) issued on 15/10/2009. In which it is stated, “The records regarding
Khasra, Girdawari and entries thereof cannot be provide. PIO SDM Narela is directed to look
into the matter and give the reply as per the provisions of the RTI Act. In case any provision to
this effect exists in DLR Act 1954 necessary reply to the Appellant may please be given
accordingly in a period of 15 days”. The Respondent states that he has also not received this
order. Mr. Dwivedi is advised to ensure that orders issued by him are delivered to appellants and
the PIOs. The Appellant wants to inspect the records relating to the resolutions of consolidation
proceedings.
Decision:
The Appeal is allowed.
The PIO will facilitate an inspection of the records relating to the resolutions of
consolidation proceedings on 06 January 2010. He will be given photocopies of the records
which he wants free of cost upto 50 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
31 December 2009
(In any correspondence on this decision, mention the complete decision number.) (BK)