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Decision No.CIC/SG/A/2010/000753/7803
Appeal No. CIC/SG/A/2010/000753
Appellant : Mr. Ashwani Kumar Dhatwalia,
414, Lawyers Chamber
Delhi High Court Chamber -
Delhi High Court,
New Delhi 110003
Respondent : Mr. Bharat Bhushan
Public Information Officer &
Dy. Town Planner,
Town Planning Department (MCD)
Nigam Bhawan, Kashmere Gate,
Delhi
RTI application filed on : 03/07/2009
PIO replied : 23/07/2009
First Appeal filed on : 01/10/2010
First Appellate Authority order : 16/11/2009
Second Appeal Received on : 23/03/2010
Sl.No Information Sought PIO's Reply
1. Is there any multistorey construction, in or Yes.
around plot Khasra No. 352/2Min and Khasra
Nos. 563 and 564 situated in village
Bijwasan.
2. If yes, under what provisions, rules, byelaws Does not pertain to PIO/SDM(V.V)
the permission for such construction was
granted.
3. What is the permissible usages of the land for Khasra Numbers in question falls in
the plot No. 352/2 Min and Khasra Nos. 563 Extended Lal-Dora Abadi of Village
and 564, Village Bijwasan. Bijwasan, New Delhi, however the
PIO/SDM(V.V) is not the authority to
issue permission to use the land for the
specific use.
PIO's Reply:
RTI application was transferred to various departments.
Grounds for First Appeal:
After transfer of RTI application via various department Appellant got reply dated 15/09/2009.
Information regarding the sanction and use of land were not provided.
Order of the First Appellate Authority:
"Town Planning Deptt. does not have the detail of Khasra No. and as such the application was
referred to SDM, Vasant Vihar. The SDM has stated that Khasra No. in question falls in the
Extended Lal Dora of village Biswasan........"
Grounds for Second Appeal:
Specific Information was not provided.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Ashwani Kumar Dhatwalia; Ms. Iti Sharma (Lawyer);
Respondent: Mr. Bharat Bhushan, Public Information Officer & Dy. Town Planner;
The PIO has transferred the RTI Application to SDM (Kapashera) and PIO(Nazafgarh
Zone) who have provided the information to the Appellant. However, the purpose of the
appellant has not been served. The Appellant states that PIO should look at the purpose behind
the information being sought and try to help him.
Decision:
The appeal is disposed.
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
20 May 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj