Central Information Commission Judgements

Mr. Harish Kumar vs Govt. Of Nct Of Delhi on 1 December, 2008

Central Information Commission
Mr. Harish Kumar vs Govt. Of Nct Of Delhi on 1 December, 2008
                  CENTRAL INFORMATION COMMISSION
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                                          Decision No. CIC /WB/A/2008/00465/SG/0345
                                                    Appeal No. CIC/WB/A/2008/00465/

Relevant Facts

emerging from the Appeal

Appellant : Mr. Harish Kumar
S/o. Late. Sh. Dal Singh Saini
3180, Kucha Tara Chand, Daarya Ganj,
New Delhi – 110002

Respondent 1 : Addl. District Magistrate (S) & PIO
Govt. of NCT of Delhi,
O/o. the Deputy Commissioner (South)
M.B. Road, Saket, New Delhi

RTI filed on : 01/09/2007 ID 975
PIO replied : 12/09/2007
First appeal filed on : 26/12/2007
First Appellate Authority order : NO REPLY
Second Appeal filed on : 12/03/2008

The appellant filed a RTI application on 1/9/2007 and received a reply on 12/09/2007 as
follows, regarding land that was mutated vide mutation no. 5238 dt.10/9/91 and 5239
dt. 11/12/91:

No.                  Information sought                          Information provided
1     Naksha Mutzamin against said                          Can be obtained by paying Rs. 2
      Land.                                                 per page.
2     Copy of notices regarding announcement of the Not available in records.

award and attendance at the time of announcement
of the said award.

3 Notice under Section 12 (2) of the land acquisition Same as above.

act issued to the parties namely Dal Singh, Ram
Swaroop etc.
The appellant believes the records sought at number 2 and 3 should be with the department
and hence he claims he has been given a false reply. The appellant’s first appeal received no
response from the First appellate authority, hence the second appeal.

Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Harish Kumar
Respondent: Mr. Ajit Kumar Choudhary representing PIO Mr. S.K.Singh
On query 1, the appellant is nor sure whether he paid the additional fee of Rs.2 per page.
On points 2 and 3 the respondent states that since there is no record, he cannot give
information which is not on record. He has also brought the award and contends that the
information sought is not in the award.
Decision:

The appeal is dismissed.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
1st December, 2008

(In any correspondence on this decision, mentioned the complete decision number.)