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Decision No. CIC/SG/A/2011/001061/12994
Appeal No. CIC/SG/A/2011/001061
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Suresh Kumar Gupta
R/o. 9 Sunder Nagar,
New Delhi - 110003.
Respondent (1) : Mr. A. K. Mittal
Public Information Officer & SE-I,
Municipal Corporation of Delhi,
Office of the Superintending Engineer (C)-I
Central Zone, Lajpat Nagar,
New Delhi – 110024.
(2) : Mr. Bharat Bhushan
PIO & Deputy Town Planner,
Town Planning Department, MCD,
13th Floor, Dr. SPM Civic Center,
JLN Marg, New Delhi
RTI application filed on : 15/11/2010
PIO replied : 14/12/2010
First appeal filed on : 13/01/2011
First Appellate Authority order : 28/01/2011
Second Appeal received on : 19/04/2011
Sl. Information Sought by RTI : PIO Replied :
1. Whether the entire area of the Housing Cooperative Applicant can consult list of notified roads /stretches for
Society New Delhi South Extension Part-I falls the information sought through this point, said list is
available on the web site of MCD, same is also
in the area of “mixed land use”? available in the open market for general public and
same can also be obtained from this office on
deposition of Rs.12/- for 06 documents @ Rs.2/- per
document, with the Citizen Service Bureau at House
Tax Building, Ring Road, Lajpat Nagar-III, New
Delhi, and on submission of cash receipt of the same
in this office, as per provisions of RTI Act-2005.
2. If the entire area of the Housing Cooperative Society – Do –
New Delhi South Extension Part-I does not fall
in the area of “mixed land use” then which part
is permitted as “mixed land use”?
3. If the entire area or any part thereof of the Housing This point relates to Town Planning
Cooperative Society New Delhi South Department. However, different roads/
Extension Parr-I does fall in the area of “mixed stretches have been notified for
land use” then when was the same notified and commercial / mix land use / P.S.S. vide
by which authority and under which provision Notifications dated 15-9-2006 and 12-4-
the said authority has so notified? 2007.
Grounds of the First Appeal:
The Information Officer responding Officer has sought to evade a reply to query no. 1 and 2 by
mentioning of applicant.
Order of the FAA:
“The Appeal was heard in detail, Representative of the PIO informed that reply to RTI application has
already been provided to the appellant vide letter dated 14.12.2010 He further stated that the appellant was
asked to deposit 01 Rs.12/- for 06 documents with Citizen Service Bureau. Appellant has deposited the
same and copies of documents sought have been sent to him vide letter dated 25.01.2011.
In view of above, the appeal is disposed of with the direction that a copy of RTI application be forwarded
to Town Planning Department for providing to the appellant in respect of Point No.3 of the application.”
Ground of the Second Appeal:
The appellant not satisfied with prior information.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Suresh Kumar Gupta;
Respondent: Mr. Ravi Kant Gupta, AE on behalf of Mr. A. K. Mittal, PIO & SE-I;
The respondent has given information on queries 1 & 2 as per available records. As far as query-3 is
concerned the respondent has transferred the RTI application to PIO Town Planning Department vide
letter on 24/11/2010 vide letter no. 3098. The appellant states that he has not received any information on
query-3 from Town Planning Department. The respondent states that he has given the date of notification
but as regard the authority how had notified and the provisions under which the notification was made had
to be clarified by the Town Planning Department.
Decision:
The Appeal is allowed.
PIO Town Planning Department is directed to provide the information on query-3 as
described above to the appellant before 10 July 2011.
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
21 June 2011
(In any correspondence on this decision, mention the complete decision number.) (MC)