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Decision No. CIC/SG/A/2009/001919/4965
Appeal No. CIC/SG/A/2009/001919
Appellant : Mr. Kishan Lal Bansal
9361, Gaushala Marg, Kishan Ganj,
Delhi-110006.
Respondent : Mr. A.V. Prem Nath
Addl. District Magistrate & PIO
Govt. of N.C.T. of Delhi
Central District, 14, Darya Ganj,
New Delhi-110002.
RTI application filed on : 02/03/2009
PIO replied : 19/03/2009
First appeal filed on : 15/05/2009
First Appellate Authority order : 06/07/2009
Second Appeal filed on : 07/08/2009
Information sought:
1. How many polluting units were sealed in the area of SDM- Karol Bagh during the period
01/01/2000 to 31/12/2001? The name and address of those units and their sealing date.
2. How many units were de-sealed by the department, which were sealed during 01/01/2000 to
31/12/2001? The name and address of those units and their de-sealing date.
3. After de-sealing, how many units were re-sealed by the department? The name and address of
those units alongwith their re-sealing date.
Reply of PIO :
Sl. Name & Address of Unit Date of sealing Date of de-sealing Date of re-sealing
1. M/s Jagdamba Pipe Industries, 1612/32 Nail 05/01/2001 08/08/2001 -
Walan, Karol Bagh.
2. M/s. Sunder Lal, 16/308H, Hardhyan Singh 05/01/2001 11/04/2001 -
Road, Bapa Nagar, Karol Bagh.
3. M/s. R. K. Shoe, 05/01/2001 16/04/2001 -
Manufacturer, 16/308H Gali No. 5, Ground
Floor Arya Samaj Road Bapa Nagar, K. B.
4. M/s Ashif Hussain, B-45, S. P. Mukharjee Mkt. 05/01/2001 20/04/2001 -
Faiz Road, Karol Bagh.
5. M/s Capital Plastic Signs, 3419 Gali No. 1 05/01/2001 01/05/2001 -
Regar Pura, Karol Bagh.
6. M/s. Om Prakash Dyer & Company, 4565/52, 19/11/2000 21/07/2001 -
Regar Pura, Karol Bagh.
7. M/s A. K. Electro Plating, B-101, S. P. 18/11/2000 01/06/2001 -
Mukherjee Market, Karol Bagh.
8. M/s. Choudhary Elector Prating Works A-130, 18/11/2000 10/09/2001 -
Mukherjee Market Jhandewalan, delhi.
9. M/s Trueman Enterprises 345/1 Gali No. 2 05/01/2001 27/03/2001 -
Than Singh Nagar, Anand Parbat, new Delhi.
10. M/s Shashi Plastic Works 05/01/2001 05/10/2002 -
T1035/2, Bhagat Singh Nagar Karol Bagh.
11. M/s Parbhat Toys, 8951/14B Shidipura karol 05/01/2001 19/12/2002 -
Bagh.
12. M/s Ashok & Co., 3420 Gali No. 1 Regar Pura, 05/01/2001 01/05/2001 -
Karol Bagh.
13. M/s Punit Wire Industries, File not yet - -
9361, Gaushala Marg, Kishan Ganj, Karol traceable.
Bagh.
Grounds for First Appeal:
W.r.t. query no. 1 & 2 : Names of Units and their addresses which were sealed and de-sealed had been
provided but it has not been stated whether these were the only units sealed by the SDM (KB).
Therefore, the incomplete information has been provided.
w.r.t. query no. 3 : No information had been provided.
The First Appellate Authority ordered:
"From a perusal of the original RTI application as well as the reply filed by the PIO there does not seem
to be anything wanting in the reply of the PIO. The issue raised by the Appellant in the appeal that it
should certified that these were the only units which were sealed/de-sealed by SDM (Karol Bagh) during
01/01/2000 to 31/12/2001 does not hold much water. This appears to be a fresh query and even the relief
sought by the Appellant requesting to clarify that no other units were sealed/de-sealed/re-sealed during the
period appears to be a fresh query during appeal proceedings which cannot be accepted.
In any case reply furnished by the PIO shall be presumed to be complete unless otherwise proved. Under
the circumstance, the reply furnished by PIO is a correct reply and accordingly the appeal is dismissed."
Grounds for Second Appeal:
Incomplete information provided by the PIO. FAA wrongly dismissed the First Appeal.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Kishan Lal Bansal
Respondent: Mr. A.V. Prem Nath, ADM & PIO
The Appellant states that the records given by the PIO is not the complete record. The PIO states that the
complete records of units sealed/de-sealed/re-sealed are with the Industries Department & Delhi Pollution
Control Committee. The Appellant states that the PIO’s statement is incorrect and that the complete
records and files are with the SDM’s Office. The PIO states, “The concerned records of industries are
with Industries Department & Delhi Pollution Control Committee which are the administrative
departments for the said Industries. The complete records are not maintained by our Department”. The
PIO should have transferred the RTI application under Section 6(3) to these two authorities. The
Commission directs the PIO to transfer the RTI application to the PIOs of both these authorities before
30 September 2009. The Commission directs the PIOs of Industries Department & Delhi Pollution
Control Committee to give the complete reply to the Appellant free of cost before 30 October 2009.
A copy of this order will be sent to the PIOs of Industries Department & Delhi Pollution Control
Committee.
Decision:
The appeal is allowed.
The Commission directs the PIO Mr. A.V. Prem Nath to transfer the RTI application to the PIOs of both
these authorities before 30 September 2009. The Commission directs the PIOs of Industries Department
& Delhi Pollution Control Committee to give the complete reply to the Appellant free of cost before 30
October 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 of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
29 September 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)