Central Information Commission Judgements

Mr. Chand Singh vs Govt. Of N.C.T. Of Delhi on 17 June, 2009

Central Information Commission
Mr. Chand Singh vs Govt. Of N.C.T. Of Delhi on 17 June, 2009
                     CENTRAL INFORMATION COMMISSION
                         Club Building (Near Post Office),
                       Old JNU Campus, New Delhi - 110067.
                              Tel: +91-11-26161796

                                                       Decision No. CIC/SG/A/2009/001040/3751
                                                              Appeal No. CIC/SG/A/2009/001040
Relevant Facts

emerging from the Appeal:

Appellant                              :       Mr. Chand Singh
                                               S/o Late Chhelu Ram,
                                               1625-E, Dhansa Bus Stand, Najafgarh,
                                               New Delhi-110043.

Respondent                             :       Mr. Viny Kumar
                                               ADM (HQ) & PIO
                                               Govt. of N.C.T. of Delhi
                                               Revenue Deptt., 5 Shamnath Marg,
                                               Delhi-110054.

RTI application filed on               :       30/01/2009
PIO replied                            :       06/02/2009
First appeal filed on                  :       Not mentioned
First Appellate Authority order        :       30/03/2009
Second Appeal received on              :       06/05/2009

The appellant had particularly sought following information regarding the fact that
purchaser is also required to hold more than 8 standard acres in the State:-

 Sl.                   Information sought                              PIO's reply
 1    Please furnish the copy of the administrative This is the provision

orders/instructions issued by your office/Revenue u/section 33 of D.L.R. Act
Deptt. of the state to the effect that in case of the 1954. Extract of the same
land is being 8 standard acre then the purchaser is had already been provided
required to hold more than 8 standard acre of land to you.
in the State.

The First Appellate Authority’s Order:

The First Appellate Authority’s Order that “On going through the file it is found that the
appellant vide his RTI application dated 30.01.2009, had asked for copy administrative
orders/instruction to the effect that in case of the land is being 8 standard acre then, the purchaser
is required to hold more than 8 standard acre of land in the State. The PIO had already provided a
copy of section 33 of D.L.R. Act 1954 where the subject matter is dealt with vide his letter dated
06.02.2009. And the PIO/ADM/(HQ) had rightly replied vide his letter dated 23.01.2009.”

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. Chand Singh
Respondent: Absent
The appellant states that the PIO has given him information which relates to the seller of land.
The appellant had clearly sought for the rule which applies to the purchaser. If there is any such
rule, provision or administrative order this will be provided to the appellant by the PIO. If there
is no such rule, provision or administrative order applicable to the purchaser this will be clearly
stated.

Decision:

The appeal is allowed.

The PIO will provide the information to the appellant before 30 June 2009.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
17 June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
AK