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Decision No. CIC/SG/A/2009/001396/4137Adjunct
Appeal No. CIC/SG/A/2009/001396
Relevant Facts
emerging from the Appeal:
Appellant : Mr.Radhey Shyam Sharma
S/o Late Sh. Rizak Ram Sharma,
6 C.S.C. Vasant Enclave,
New Delhi-110057.
Respondent : Mr.Satnam Singh
ADM/LAC & PIO(SW)
Municipal Corporation of Delhi
Office of the Addl. Distt. Magistrate/LAC(SW)
Room No-12, Old Terminal Tax Bldg.
Kapashera, New Delhi.
RTI application filed on : 16/02/2009
PIO replied : 26/03/2009
First appeal filed on : Not enclosed
First Appellate Authority order : 06/05/2009
Second Appeal received on : 06/06/2009
Sl. Information sought PIO's reply
1. What was the total area of Khasra Matter pertains to Halka Patwari, Tehsil
No.33 of village Basant Nagar. Vasant Vihar.
2. How much land was acquired out of Khasra NO. 33/10, as acquired vide Award No.
Khasra No. 33 and how much was left 1879 of village Basant Nagar. The total area of
un acquired and what is their Khasra acquired Kh. No. 33/10 is 136 bigha 14 biswa.
No. at present.
3. Supply four copies of AKS Sirzra and Copy of Aks Sizra has already supplied to the
Titamma field book of Khasra No. Appellant. The Appellant can see it personally
33/1 to 33/9 and 33/10. in the office, as photocopy of Aks Sizra is not
clear due to its wear and tear condition.
Tatima filed book is not attached in the award
file.
4. Clarify that in case of non-availability Matter pertains to Halqua patwari, Tehsil
of records of Titamma field book and Vasant Vihar.
AKS Sizra whether it is possible to
identify or certify that which
particular portion of land/house is
falling in which Khasra No.
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Grounds for First Appeal:
Not enclosed.
Order of the First Appellate Authority:
“The reply to question no. 2 as given by the LAC branch is not specific and complete. As such
PIO(SW) is directed to supply the information within 7 working days.”
Grounds for Second Appeal:
Non-compliance of the order of FAA by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr.Radhey Shyam Sharma
Respondent: Mr. Vinod Kumar, Naib Tehsildar (LAC) on behalf of PIO Mr. Satnam Singh
The Appellant has not got the reply to part of query 2 in which he had asked how much of
Khasra 33 left unacquired and the Khasra nos. He has also not being provided the photocopy of
Khasra nos. 33/1 to 33/9 and the Tatima Sizra Field Book. The Respondent states that this
information is with PIO, SDM-Vasant Vihar.
Decision dated 15 July 2009
The appeal was allowed. The PIO Mr. Satnam Singh was directed to obtain the information
described above from PIO SDM, Vasant Vihar and provide it to the Appellant before 30 July
2009.
Facts leading to show cause hearing on 29 December 2009:
On the basis of a letter alleging non-compliance dated 03/08/2009 from the Appellant, the
Commission issued a notice dated 09/09/2009 directing the PIO & ADM to provide the aforesaid
information to the Appellant before 29/09/2009. The Commission then received a letter dated
17/11/2009 from the Appellant alleging that inspite of the clear directions of the Commission,
the PIO & ADM had not provided the complete information. On perusal of the reply sent to the
Appellant vide letter dated 14/09/2009, it was observed that the PIO & ADM had not provided
information as to what were the Khasra Nos. of the unacquired land out of Khasra No.33, further,
the said photocopy of AKS Sirza & Tatima Field Book of Khasra Nos. 33/1 to 33/9 had not been
provided. The Commission directed the PIO & ADM to provide complete and correct
information to the Appellant before 14/12/2009. He was further directed to appear before the
Commission on 29/12/2009 at 11.00 AM along with his written submissions to show cause why
penalty should not be imposed on him under Section 20 (1) of the RTI Act.
Relevant facts emerging during the hearing on 29 December 2009:
The following persons were present:
Appellant: Absent
Respondent: Mr. Satnam Singh, Mr. Rajeev Kamra, LAC (SW) office, Mr. BL Meena, DC
Office (SW)
Mr. Satnam Singh from the ADM’s office stated that the information pertained to the SDM’s
office as it concerned unacquired land. The Naib Tehsildar from the SDM’s office stated that the
area demarcation had not been done for Khasra Nos. 33/1 to 33/9 and therefore they could not
provide the information to the Appellant. He is directed to inform the Appellant before 31
December 2009 that the demarcation of the unacquired land has not taken place. He should also
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send a copy of the Revenue Records where information relating to Khasra Nos. 33/1 to 33/09 has
been recorded together and not separately. A copy of the information will be submitted to the
Commission before 04 January 2010.
The PIO has provided most of the information. It appears that there is no mala fide reason in not
providing the remaining information. The show cause proceedings are hereby dropped.
Shailesh Gandhi
Information Commissioner
29 December 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)
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