Central Information Commission Judgements

Mr.Col U N Kohal vs Mcd, Gnct Delhi on 29 November, 2010

Central Information Commission
Mr.Col U N Kohal vs Mcd, Gnct Delhi on 29 November, 2010
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796

                                                              Decision No. CIC/SG/A/2010/002764/10200
                                                                      Appeal No. CIC/SG/A/2010/002764
Relevant Facts

emerging from the Appeal:

Appellant : Col. U.N. Kohal (Retired)
Patron,
Green Park Extension Association,
G-6, Green Park Extension,
New Delhi-110016.

Respondent : Mr. R. K. Singh
Public Information Officer & Deputy Director (Horticulture)
Municipal Corporation of Delhi,
South Zone, Green Park,
New Delhi-110016.


RTI application filed on                :       25/04/2010
PIO replied                             :       28/05/2010
First appeal filed on                   :       18/06/2010
First Appellate Authority order         :       not enclosed
Second Appeal received on               :       29/09/2010
 Sl.                          Information Sought                           Reply     of     the    Public
       (Regarding park in front of plots Q1, 2, 3 and H-45 and 46 and      Information Officer (PIO)

at the rear of the Plots P1 to P8 of the colony at the Green Park
Extension)

1. (a) Acreage and dimensions of the park when it was handed The area of the park is 0.61 acre.

over to the MCD for maintenance and upkeep in December
1968.

2. (e) The competent authority on whose orders the park has been The information asked for relates
bifurcated and a passage has been carved. to the Works Department.

3. (f) Whether the MCD knows that the park areas as per the Same as above.

Layout Plan cannot be infringed by the maintenance body.

4. (g) The competent authority that technically sanctioned the Same as above.

bifurcation of the park.

5. (h) The competent authority that provided the funds for the Same as above.

bifurcation.

6. (i) Whether the government funds were spent on the bifurcation Same as above.

of the park.

Grounds for the First Appeal:

Dissatisfactory information provided by the PIO pertaining to query no. e, f, g, h and i.

Order of the First Appellate Authority (FAA):
Not enclosed.

Grounds for the Second Appeal:

The Appellant is dissatisfied with the answer given by the PIO pertaining to query no. e, f, g, h and i and
no reply has been received from the First Appellate Authority pertaining to the same query.
Relevant Facts emerging during Hearing:
The following were present:

Appellant: Col. U.N. Kohal (Retired);
Respondent: Mr. R. K. Singh, Public Information Officer & Deputy Director (Horticulture);

The Appellant has filed the appeal since information was not provided on queries e, f, g, h & i.
The Respondent states that he has checked with Engineering Department and Town Planning Department
and he states that there is not record of this. The matter is over 25 years old and no records are in
existence and hence he is unable to provide the information.

Decision:

The Appeal is disposed.

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
29 November 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)