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Decision No. CIC/SG/A/2009/001767/4791
Appeal No. CIC/SG/A/2009/001767
Relevant Facts
emerging from the Appeal
Appellant : Mr. Dharam Singh
C-8 Sanwal Nagar, Near Sadiq Nagar,
New Delhi-110049.
Respondent : The J.E. (Bldg.) & PIO
Municipal Corporation of Delhi
Building Department,
Central Zone, Lajpat Nagar,
New Delhi.
RTI application filed on : 24/04/2009
PIO replied : 26/05/2009
First appeal filed on : 27/05/2009
First Appellate Authority order : 02/06/2009
Second Appeal filed on : 23/07/2009
Information sought:
The following files alongwith noting portions were sought:-
1. File relating to unauthorized construction in property no C-11 & C-13, Sanwal Nagar,
New Delhi in respect of owner Smt. Sugani and Mool Chand respectively.
2. File relating to regularization of unauthorized of unauthorized construction in the said
properties.
3. File relating to demolition action was taken on C-11 Sanwal Nagar by MCD on
08/02/2005 and 21/04/2005.
4. File relating to appeal no. 41/2005 which was filed against the said demolition/
sealing order before the Appellate Tribunal, MCD, Delhi, had also been dismissed as
withdrawn on 16/02/2005.
5. File relating to de-sealed of property No. C-11 Sanwal Nagar, New Delhi.
Reply of PIO:
Inspection was offered to the Appellant on 04/06/2009 between 2.00 p.m. to 3.00 p.m.
Grounds for First Appeal:
Non-receipt of information from the PIO.
The First Appellate Authority ordered:
First Appellate Authority ordered “the matter was inquired into with the PIO who has informed
that the RTI application was filed on 24/04/2009 and the prescribed fee of Rs. 10/- was deposited
vide G-8 Receipt No. 4989898 Dated 24/04/2009. An ID in the instant application was
generated vide No, 3011 on 27/04/2009.
PIO has further informed that within the 30 days of generation of ID, vide letter dated
26/05/2009, date and time has been communicated to you for inspection of relevant
documents/files available with the department. ”
Grounds for Second Appeal:
i. Files and noting portions regarding property no. C-13 Sanwal Nagar have not been
provided.
ii. Certified copy of the documents inspected by the Appellant on 04/06/2009 have not been
supplied.
iii. Files in respect of C-13 Sanwal Nagar not made available for inspection.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Dharam Singh
Respondent: Mr. J.S.Yadav (APIO)
The Appellant had only sought inspection of documents in his original RTI Application and not
mentioned that he would like to take photocopies of any of the documents. The inspection has
been facilitated by the PIO as admitted by the Appellant but he has subsequently asked for
photocopies of the documents. The PIO contends that this was not mentioned in the original
application. In view of this, the Commission cannot allow subsequent additions to be made to
RTI Application.
Decision:
The appeal is dismissed.
The Appellant had only sought inspection of the records which had already been facilitated by
the PIO.
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
14 September, 2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)