Central Information Commission Judgements

Mr.Ved Prakash Sharma vs Gnctd on 8 October, 2010

Central Information Commission
Mr.Ved Prakash Sharma vs Gnctd on 8 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/2010/002320/9705
                                                                     Appeal No. CIC/SG/A/2010/002320

Relevant Facts

emerging from the Appeal

Appellant : Mr.Ved Prakash Sharma
R/o 10063, Gali No.1, Multani Dhanda,
Pahar Ganj, Delhi-110055.

Respondent                           :       Mr. Sanjiv Pandey
                                             Public Information Officer & Dy. Director
                                             Govt. of NCT of Delhi
                                             Deptt. of Delhi Archives,
                                             18-A, Satsang Vihar Marg,
                                             Spl. Institutional Area,
                                              New Delhi-110067.

RTI application filed on             :       25/01/2010
PIO replied                          :       08/04/2010 & 28/05/2010
First appeal filed on                :       30/03/2010
First Appellate Authority order      :       30/04/2010
Second Appeal received on            :       14/08/2010

  Sr.No.                   Information sought                                  Reply of PIO
 1.         Photocopy of Lease deed dated 23/07/1921 in favour      The records of the period are lying
            of Sh.Raghunath S/o Godhana by Deputy                   with the Deptt. but in the absence of
            Commissioner, Delhi in r/o Khasra No. of Plot           Index Register/Peshi Register of
            406/29-593 measuring 315 Sq. Yard situtated in          1921 the requisite lease deed is not
            Qadam Sharif Nazul Revenue Estate (know Multani         forthcoming.
            Dhanda, Pahar Ganj).

Reply received after FAA's order

“This is in reference to the First Appellate Order No.F.5(10)/2010/Archives/1338-39 dated 30.4.2010 in
ID. No. 703/9/PIO(MCD) dated 27.1.2010, it is informed that the Archives Department was again
requested to provide the requisite information but they have informed that the relevant record of 23.7.21
and the next 3 – 4 months was searched with the help of the…. of SR-I Office, as the record is in Urdu, but
as requested by Sh. Ved Prakash Sharma no record pertaining to his property was found
A request was also made to SR-I in this regard and they too have informed that the index register for the
relevant period has been searched but no entry has been found on the desired date i.e. 25.7.1921.
In view of the above, this office is unable to provide the said information”

Grounds for the First Appeal:

Unsatisfactory response received from the PIO.

Order of the First Appellate Authority (FAA):

“The Appellant Sh.Ved Prakash Sharma had filed a RTI application vide ID No. 703/09) PIO (MCD)
dated 27-01-2010 received in this office on 25-02-2010, seeking Photocopy of Lease deed dated
23/07/1921 in favour of Sh. Raghunath S/a Dhanna by Deputy Commissioner, Delhi in r/o Khasra No.of
Plot 406/29-593 measuring 315 Sq. Yard situated in Qadam Sharif Nazul Revenue Estate (Now Multani
Dhanda, Pahar Ganj).

PIO, Dy. Director (Archives) has furnished the reply on 17-03-2010, stating to submit the
following details to enable this office to locate the requisite documents/ information as the Index of the
Year 1921 has not been transferred to this office from SR-I (Kashmere Gate):

1. Registration No. of the lease Deed.

2. Date of Registration

3. Volume No
PIO also informed the Appellant that as per provisions of the Public Record Act, 1993 and rules framed
their under any person can inspect any document kept in Department of Delhi Archives.
The Appellant was not satisfied with the reply of the PIO and made an Appeal vide letter dated 1/04/2010
before the Appellate Authority.

Decision
A portion of the information received from Sub-Registrar-I was released to Sh.Ved Prakash Sharma
(Appellant) and he is satisfied that the remaining information be supplied to him within 30 days of the
issue of this order.”

Grounds for the Second Appeal:

Unsatisfactory response received from the PIO.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr.Ved Prakash Sharma
Respondent: Mr. Sanjiv Pandey, Public Information Officer & Dy. Director;

The appellant has sought a lease deed copy of 1921. The respondents are willing to give the
records but are not able to identify the records because these records are in Urdu. The appellant states that
it he is given the photocopy of the index for the period 23/071921 to 30/07/1922, he would get somebody
to identify the particular records that he wants. The PIO states that this record is with SR-I, Kasmere Gate.

Decision:

The Appeal is allowed.

The Commission directs SR-I, Kashmere Gate to provide the record to the PIO so that he
can provide the photocopy required to be provided to the appellant as per direction above.

The PIO is directed to provide the attested photocopy of the records as directed above to
the appellant before 30 October 2010.

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
08 October 2010
(In any correspondence on this decision, mention the complete decision number.)(AK)