Central Information Commission Judgements

Mr. Krishan Lal vs Slum & Jj Department, Municipal … on 15 April, 2010

Central Information Commission
Mr. Krishan Lal vs Slum & Jj Department, Municipal … on 15 April, 2010
                    CENTRAL INFORMATION COMMISSION
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                                                   Decision No.CIC/SG/A/2010/000339/7469
                                                         Appeal No. CIC/SG/A/2010/000339

Appellant                                  :      Mr. Krishan Lal
                                                  D-394, Raghubir Nagar,
                                                  80 Yards, Najafgarh Road,
                                                  New Delhi 110027

Respondent                                 :      Mr. Hetesh Saxena
                                                  Deemed PIO & Dy. Director (WZ)
                                                  Slum & JJ Department
                                                  Municipal Corporation of Delhi,
                                                  Punarvas Bhawan
                                                  I.P. Estate, New Delhi 110002

RTI application filed on                   :      01/10/2009
PIO replied                                :      29/10/2009
First Appeal filed on                      :      09/11/2009
First Appellate Authority order            :      11/12/2009
Second Appeal Received on                  :      05/02/2010
Notice of Hearing Sent on                  :      17/03/2010
Hearing Held on                            :      15/04/2010

Information sought:
Appellant sought information/ copy of original record of Plot No. 1 to 7, Raghubir Nagar,
Najafgarh Road, New Delhi-110027. In this regard, he had sought information on fifteen points.

PIO's Reply:
PIO furnished Copy of reply dt27/10/2009 from Dy. Commissioner, Audit Department (West
Zone), Slum & JJ Department, Copy of reply dt.22/10/2009 from Astt. Director, (West Zone),
Slum & JJ, and Copy of reply dt. 27/10/2009 from Dy. Director(Demolition Deptt.) to the
Appellant.

Grounds for First Appeal:
Unsatisfactory reply. False information.

Order of the First Appellate Authority:
"PIO is directed to provide the copy of the concerned records as demanded by the Appellant and
to give point wise reply to the Appellant before the next hearing."
The Appeal was Adjourned to 21/12/2009.

Grounds for Second Appeal:
Incomplete document.
The Appellant requested for certified copy of original document of Plot No 1 to 7(factory),
Raghubir Nagar, Najafgarh Road, New Delhi-110027.
 Relevant Facts

emerging during Hearing:

The following were present
Appellant: Mr. Krishan Lal;

Respondent: Mr. Hetesh Saxena, Deemed PIO & Dy. Director (WZ);

The appellant has been given certain information. He is seeking original
documents of plot nos. 1 to 7, Raghubir Nagar, Najafgarh Road, New Delhi. The PIO states that
these are records relating to the decade of 1960s and these are not available. The PIO claims that
this has been stated in the Court as well. The PIO states that he is not able to state whether such
records ever exist. The PIO is directed to give an affidavit stating that the records relating to Plot
Nos. 1 to 7, Raghubir Nagar, Najafgarh Road, New Delhi do not exist.

Decision:

The appeal is allowed.

The PIO is directed to give an affidavit as directed above to the Appellant
before 30 April 2010.

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
15 April 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj