Central Information Commission Judgements

Ms./Mrs. Vandana Kathuria vs Delhi Jal Board on 28 January, 2009

Central Information Commission
Ms./Mrs. Vandana Kathuria vs Delhi Jal Board on 28 January, 2009
                  CENTRAL INFORMATION COMMISSION
                      Room No. 415, 4th Floor, Block IV,
                    Old JNU Campus, New Delhi - 110 066.
                           Tel.: + 91 11 26161796

                                              Decision No. CIC /SG/A/2008/00153/reserved
                                                        Appeal No. CIC/SG/A/2008/00153


Relevant Facts

emerging from the Appeal

Appellant : Ms./Mrs. Vandana Kathuria,
H. No. 19, Jyoti Park Near New Colony,
Gurgaon – 122001.

Respondent 1                          :      PIO
                                             Govt. of NCT of Delhi,
                                             Delhi Jal Board, Varunalaya Ph-II,
                                             Karol Bagh,
                                             New Delhi - 110005.

RTI application filed on              :      30/06/2008
PIO replied                           :      01/07/2008
First appeal filed on                 :      Not mentioned.
First Appellate Authority order       :      05/08/2008
Second Appeal filed on                :      13/10/2008

The Appellant had filed an application seeking information regarding water connection issued
in the name of Dr. Anil Dhalla S/o Dr. O. P. Dhalla in property bearing No. 18 Krishna Market,
New Delhi.

The details of information required and reply if any:

S. No. Information Sought PIO’s Reply

1. No objection certificate issued by my Copy of the No Objection certificate is not
mother Lajwanti Devi W/O Sh. Vas Dev available. However, water connection was
for issuing Water Connection. sanctioned in the name of Dr. Anil Bhalla on
the basis of lease agreement and rent receipt
issued by the landlady Smt. Lajwanti.

2. The copy of the application moved by Dr. As above.

Anil Dhalla for obtaining Water
Connection in his name.

3. The copy of the order through which the The water connection was sanctioned on 01-01-

water connection was sanctioned in the 1989. Being old record, the relevant file is
name of Dr. Anil Dhalla and the copy of being traced and accordingly photocopy will be
entire file for the sanction of the water submitted by 07-07-08.
connection in the name of Mr. Anil
Dhalla . The necessary fees as is
mandatory under the RTI Act are
enclosed in cash and the applicant may be
informed in regard to the deficiency of the
fee. The information and the document
may kindly be sent to my Gurgaon
address mentioned above. Copy of letter
issued from your office is enclosed with.

First Appellate Authority Ordered:

The FAA gave 15 days more time to trace out the concerned water connection file and send
the NOC to the appellant directly under intimation to the Appellant Authority.

Relevant facts emerging during hearing:

The following were present.

Appellant: Mr. Devraj Kathuria representing Mrs. Kathuria

Respondent: Mr. Bipin Behari representing Mr.Santosh D. Vaidya then PIO

The PIO states that the file is not available. On the other hand the appellant shows that against a prior
RTI application, he was given certain documents relating to the same file with letter no. 1141 dated
2/5/2008. The PIO claims that the papers were given not from the record or file but were obtained
from the consumer and provided. If true this is a very serious matter, since false documents could
have been provided.

The Chief Executive Officer is directed to enquire into this and find out whether the file is really
missing. If this be the case he must find out how the document copies were given to the appellant on
2/5/2008. The Chief Executive Officer’s report must be submitted to the Commission with a copy
marked to the appellant before 20 March 2009.

The decision is reserved, and will be taken after receiving the report.

This decision is announced in open chamber.

Notice of this decision be given free of cost to the parties.

Shailesh Gandhi

Information Commissioner

January 28, 2009.

(For any further correspondence, please mention the decision number for a quick disposal)