In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001135
Date of Hearing : May 20, 2011
Date of Decision : May 20, 2011
Parties:
Appellant
Shri Tripathy Kirannath Sharma
Sujabad, Ward No. 13,
P O Kushta Seva Ashram,
Parao, Bhaya Ram Nagar,
Varanshi
The Appellant was present.
Respondents
East Central Railway
Office of General Manager,
Hajipur 844 101
Represented by: Shri Ramesh Chandra, ADRM and Shri Anil Prakash, PIO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
Decision Notice
As given in the decision
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001135
ORDER
Background
1. The Applicant filed his RTIapplication with the PIO, East Central Railway on 28.09.2010 seeking
certain information about a piece of land which, according to him, belongs to him but through which
the Railways have laid a Railway line illegally. He wanted the land map of late 1880’s showing
acquisition of land by the British for the Railways. The PIO, through his communications dated
21.10.2010 and 26.10.2010, replied to the Applicant’s RTIqueries. The Applicant, being aggrieved
with the PIO’s reply, filed his first appeal with the Appellate Authority (AA) on 01.01.2011. The AA,
through his decision dated 13.01.2007, directed the PIO to take necessary action in the matter since
the subject matter pertains to Mugalsarai Division. The Appellant, thereafter, being unhappy
with the AA’s reply, filed the present appeal before the Commission on 27.04.2011 alleging that
the PIO has furnished misleading information to him.
Decision
2. During the hearing, the Appellant insisted on receiving the Railway land map, prepared at the time of
British. His contention was that the present land map available with the Railways, (also prepared in
late 1880s) , a copy of which has already been shared with him, is not the correct map as it does not
show the correct location of the Railway line, as planned originally. He maintained his position that
the Respondents are deliberately not showing the correct map to him and stated that he is convinced
that they have the original map. The Respondents however stated that the map desired by the
Appellant is not available with them and that the map which they possess presently showing the land
through which the Railway line passes was also prepared sometime in 1896 and was duly certified by
the then Secretary Board of Revenue, Bihar. They, however, clarified that they do not possess any
land belonging to the individual and that what they have is only acquired land with regard to the
present matter.
3. Since the document identified by the Appellant is not available with the Respondents, its disclosure
cannot be authorized. Nonetheless, in order to ensure that the Appellant, is satisfied the PIO is
directed to submit an affidavit to the Commission–with a copy to the Appellant– narrating
the facts related to the documents sought by the Appellant and clearly mentioning the fact that
the same is not available with them.
Affidavit to be furnished by 25.6.2011.
4. Appeal is disposed of with the above direction.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Tripathy Kirannath Sharma
Sujabad, Ward No. 13,
P O Kushta Seva Ashram,
Parao, Bhaya Ram Nagar,
Varanshi
2. The Appellate Authority
East Central Railway
Office of General Manager,
Hajipur 844 101
3. The Public Information Officer
East Central Railway
Office of General Manager,
Hajipur 844 101
4. Officer Incharge, NIC