Central Information Commission Judgements

Mr.Ashwani Kumardhatwalia vs Mcd, Gnct Delhi on 20 May, 2010

Central Information Commission
Mr.Ashwani Kumardhatwalia vs Mcd, Gnct Delhi on 20 May, 2010
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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