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Decision No.CIC/SG/A/2010/000434/7336
Appeal No. CIC/SG/A/2010/000434
Appellant : Mr. Lakhwinder Singh,
32/11 Ground Floor,
East Patel Nagar,
New Delhi-110008
Respondent : Mr. Sanjay Yadav
Deemed PIO & Executive Engineer
Municipal Corporation of Delhi (HQ),
O/o the Superintending Engineer (Building),
Town Hall, Delhi-11006
RTI application filed on : 07/07/2009
PIO replied : 06/08/2009
First Appeal filed on : 26/08/2009
First Appellate Authority order : 05/10/2009
Second Appeal Received on : 17/02/2010
Notice of Hearing Sent on : 11/03/2010
Hearing Held on : 01/04/2010
Information sought:
Appellant sought copy of lease Agreement dated 15/12/1919, Ward No. 13, Registrar No. 1901-
1937, Volume No. 3, Record Room, MCD, Town Hall, Delhi, and Copy of Register of
Sanctioned Building Plan for the year 09/12/1958 to 17/03/1959(Entry No. 1464).
PIO's Reply:
"that as per report of the Record Keeper, Building (HQ), "Checked the record as available in this
office. No such record from the year 1901 to 1937, Ward No. 13 found in the record"
Grounds for First Appeal:
Appellant sought certified copy of said record.
Order of the First Appellate Authority:
"that as per the report of the report keeper the photocopy of the record has already been
provided to the appellant vide letter dated 06/08/2009 and no more documents are available in
Bldg. (HQ) as asked by the appellant. However, the Appellant is at liberty to visit the office of
SE (Bldg) for inspection."
Grounds for Second Appeal:
Copy of Lease agreement dated 15/12/1919 was not provided to the Appellant.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Lakhwinder Singh;
Respondent: Mr. Sanjay Yadav, Deemed PIO & Executive Engineer;
The appellant wants a copy of a lease agreement recorded in register number of year
1901 to 1937 ward no. 13 volume-3. According to the Appellant these agreements were dated
15/12/1919. The PIO states that they are not able to locate this agreement nor a copy of the lease
register. The Appellant has also inspected the records room and alleges that the records has been
deliberately removed. It is not possible for the Commission to verify this allegation.
The Commission directs the PIO to once again diligently search the records. If the records I
available a copy of this will be given to the Appellant before 30 April 2010. If the record is not
located a certificate to this effect will be given to the Appellant by 30 April 2010.
Decision:
The appeal is allowed.
The Commission directs the PIO to once again diligently search the records. If the records is
available a copy of this will be given to the Appellant before 30 April 2010. If the record is not
located a certificate to this effect will be given to the Appellant by 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
01 April 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj