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Decision No. CIC /SG/A/2008/00093/1205
Appeal No. CIC/SG/A/2008/00093/
Relevant Facts
emerging from the Appeal.
Appellant : Mr. Shri Chand,
H. No. 196-A/11, Gali No. 8,
Than Singh Nagar,
New Delhi - 110008.
Respondent 1 : Asst. Commissioner & PIO,
Municipal Corporation of Delhi,
Karol Bagh Zone,
New Delhi - 110005.
RTI application filed on : 23/05/2008
PIO replied : 30/06/2008
First appeal filed on : 08/08/2008
First Appellate Authority order : 18/07/2008
Second Appeal filed on : 27/10/2008
The Appellant had filed an appeal an application requiring information regarding the
Illegal PCO Booth is affixed near Bank Street Corner.
The information require with the PIO’s reply as under:
S.No. Information Sought The PIO’s Reply
1. Whether before allotment of PCO booth to Sh. Sheetla Presently Sh. Sheetla Prasad is
Prasad at Bank Street corner, the undersigned, Sh. Sri squatting there is no document
Chand was squatting or not. is available before the squatting
of Sh. Sheetla Prasad.
2. Whether identification of Sh. Sheetla Prasad was checked File of Sh. Sheetla Prasad is
or not, when the position of PCO Booth site at Bank Street not traceable.
Corner was handed over.
3. Whether Sh. Sheetla Prasad is more or no more. However, As above.
it has come to the notice that Sh. Sheetla Prasad has
expired since 1996. if Sheetla Prasad is more than kindly
give me a living certificate under signature with i/card or
ration card of Sh. Sheetla Prasad. Because, I was disposal
when the possession of my squatting site was given to so
called Sheetla Prasad
4. Whether Tehbazari site was allotted to Sh. Chand squatter File of Sh. Sri Chand is not
of Bank Street Corner, if yes, where and whether the traceable.
possession was handed over to him or not?
5. Whether any court case directions were passed by the High As per answer no 3.
Court or Supreme Court or the purpose of handing over the
possession of Tehbazari site to Sh. Chand, if yes, when
CWP No.
6. Whether without given the alternative site in lieu of present This is an old case.
squatting site, the eligible squatter can be removed.
However, in my case, I was the squatter and am squatting
at Bank Street corner and MCD/KBZ removed and
disposed me in 1996 and my site was given to Sh. Sheetla
Prasad. But, till date no alternative site is given me and
whereas I am eligible squatter and the PCO Booth of Sh.
Sheetla Prasad is frivolous and the same has been allotted
and obtained on the basis of bougs and forged documents.
7. Kindly give me the photocopy of the PCO Booth, As per answer no 2.
allotment file of Sh. Sheetla Prasad.
First Appellate Authority Ordered:
The FAA said that in the absence of any document or record with either the Dept. or the Appellant,
the request cannot be acceded; hence, the appeal is disposed off.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Shri Chand,
Respondent: Mr. Sudhir Kumar PIO
The respondent has stated that the files of Sheetla Prasad and Shri Chand are not traceable.
The Commission directs the PIO to file Police complaints for the lost/stealth of these two
files and get a certificate from Additional Commission CA cum FA certifying that the files
are lost.
Decision:
The appeal is allowed.
The PIO will give copies of the Police complaint and the certificate from the
Additional Commissioner to the appellant and the Commission before 10
February 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
21st January 2009
(For any further correspondence please mention the decision No.)
)