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Decision No. CIC/SG/A/2009/001537/4418
Appeal No. CIC/SG/A/2009/001537
Appellant : Mr. Arvinder Singh
S/O Late Shri Bhupinder Singh
R/O DDA SFS Flat No.9, Pkt-B,
Sukhdev Vihar, New Delhi- 110025
Respondent : Mr. A.V. Prem Nath
Addl. District Magistrate &,
Public Information Office,
Govt. of NCT of Delhi
Central Distt., New Delhi.
Tel No.23284932
RTI application filed on : 13/02/2009
PIO replied : 24/02/2009
First Appeal filed on : 19/03/2009
First Appellate Authority order : 19/03/2009
Second Appeal filed on : 19/06/2009
S.No. Information Sought PIO's Reply
1) Sale deed Sale deed registered with this office.
Registration No. 5669
Addl. Book No. I
Volume No. 5321
Page 189-193
Dated 12/08/1985
2) General Power Of Attorney & Will "GPA which is a document of addl. Book no
Document No. 1803 4 and in the index relating thereto shall be
Addl. Book No.4 given to any person executing or claiming
Volume No.1080 under the document to which such entries
Page Nos. 154-157 respectively refer." On this ground
Dated 21/05/1983 information is denied to the Appellant. And
the Appellant has not provided the regd.
details of the will.
3) Conveyance deed The required record is with the Deptt. of
Registration No. 886 Archives, 18-A, Satsang Vihar , Marg,
Addl. Book No. 1 Qutab Ins. Area, Mehrouli. N.D. The
Volume No. 1088 Appellant may apply with regd. particulars
Page Nos. 109-111 to obtain the same.
Dated 08/02/1964
Grounds for First Appeal:
Only three documents received from Sub Registrar-III. While certified copy of GPA not
received. Also the Appellant was not allowed to inspect the documents (receipt no. 24308
dated 16/03/09
Order of the First Appellate Authority:
No order.
Grounds for Second Appeal:
No order of the FAA and information received was incomplete.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Arvinder Singh
Respondent: Mr. A.V. Prem Nath, PIO
The Appellant had not given the reference for documents he was seeking hence it took some
time before these were provided. The copies of sale deed, will and conveyance deed have
already been provided. However, the copy of the GPA was not provided to the Appellant on
the ground that Section 19 of the Delhi Registration Rules 1976 prohibits giving this. The
PIO should have considered Section 22 of the RTI Act which states “The provision of this act
shall effect notwithstanding anything inconsistent therewith contained in the Official Secrets
Act, 1923, and any other law for the time being in force or in any instrument having effect by
virtue of any law other than this Act.” The RTI Act clearly overrides all earlier acts whenever
there is any inconsistency, and the individual whose documents have been sought has already
expired, and there is no exemption under the RTI Act which has been claimed by the
Respondent. Hence, the information would have to be provided.
Decision:
The appeal is allowed.
The PIO will give a copy of the GPA to the Appellant before 25 August 2009.
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
12 August 2009
(In any correspondence on this decision, mention the complete decision number.) (SP)