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Decision No. CIC/SG/C/2010/001090/10683Adjunct
Appeal No. CIC/SG/C/2010/001090
Relevant Facts
emerging from the Appeal:
Complainant : Mr. Dharam Raj
H. No. 76, Village Kirari,
Suleman Nagar, PO - Sultanpuri,
Delhi - 110086.
Respondent (1) : Mr. Anil Banka
Public Information Officer &
Additional Divisional Magistrate(West)
Govt. of NCT of Delhi
District West, Rampura, Delhi.
(2) : Mr. Lal Singh
ADM(North West)
O/o the Additional Divisional Magistrate
Govt. of NCT of Delhi
District North West, Kanjawala,
Delhi.
RTI application filed on : 04/05/2010
PIO replied : Not replied
First appeal filed on : Not Appealed
Complaint filed on : 18/08/2010
Complaint was received on : 30/08/2010
Complaint notice was sent on : 06/09/2010
Information Sought:
1. Details of agricultural land which was identified/declared to be surplus for allotment amongst the
eligible landless persons after coming into effect of the Delhi Land Holdings & Ceiling Act, 1960
in Delhi. Details of the criteria therefore. Details village-wise indicating the names of the persons,
landlords coming into the purview of the Act, total area of their land declared surplus with break-
up of Khasra Nos.
2. Whether the entire agricultural land identified/declared surplus under the Act ibid distributed
amongst the eligible persons & if so, the details of the allotment with their full particulars along
with village-wise details, and if not, reasons therefore. Whether the allottees could be declared
bhoomidhars & if so, and the rules in this regard.
3. Whether the allotee/Bhoomidhars was continue to be in the possession of the land allotted to them
& whether they still tilling the same. Whether they could be allowed to sell out the same under the
provisions of the Act ibid or DLR Act, 1954 And if not, then the rules for the same.
4. Number of criminal cases which had been filed by the Competent authority against the
allottees/bhoomidhars of the surplus land in entire Delhi villages for selling out their agricultural
land along with complete details (village-wise) with full particulars of the allottees/bhoomidhars.
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5. Whether there was any surplus land so identified still awaiting distribution of the same amongst
the eligible persons and if so, its details (village-wise).
Reply of the PIO:
Not replied.
Ground of the First Appeal:
Not appealed.
Ground of the Complaint:
Non-receipt of information from the PIO within the stipulated time.
Submission received from the PIO after Complaint notice was sent on 06/09/2010:
The SDM(MT) vide his letter dated 21/10/2010, the SDM (East) vide his letter dated 04/10/2010, the
SDM (Civil Lines) vide his letter dated 13/10/2010, the SDM (Defence Colony) vide his letter dated
12/10/2010, the SDM (MT) vide his letter dated 08/10/2010, the ADM (West) vide his letter dated
08/10/2010, the SDM (North East) vide his letter dated 05/10/2010, The SDM(Vivek Vihar) vide his letter
dated 29/09/2010 and 21/09/2010, the ADM(East) vide his letter dated 05/10/2010, the SDM (Gandhi
Nagar) vide his letter dated 29/09/2010, the BDO (east) vide his letter dated 29/09/2010, the SDM
(Kalkaji) vide his letter dated 28/09/2010 and the ADM(South West) vide his letter dated 21/09/2010 sent
their submission to the Commission.
Relevant Facts emerging during Hearing dated 29 December 2010:
The following were present:
Complainant: Mr. Dharam Raj;
Respondent (1) : Mr. Raj Kumar, PIO & ADM(North), 1, Kripa Narayan Marg, Delhi;
Respondent (2): Mr. A. K. Yadav, Public Information Officer & BDO(South), MB Road Saket;
Respondent (3):Mr. D.P. Singh, PIO & SDM (Gandhi Nagar); Ms. Usha Chaturvedi (SDM Vivek Vihar);
Mr. R. S. Raiyat, BDO(East & North East) District East; L. M. Bandh, Shastri Nagar, Delhi;
Respondent (4): Mr. R. K. Bhaskar on behalf of Mr. Anil Banka, PIO & ADM(West);
Respondent (5): Mr. Roop Kishore Sharma, EO(A) on behalf of Mr. R. A. Dohrey, PIO & BDO(SW);
Respondent (6): Mr. Naresh Kumar Verma, VLWS on behalf of Mr. S. K. Agarwal, BDO(West);
The Complainant states that he received the information from all the PIOs except from
ADM(West) Mr. Anil Banka and ADM(North West) Mr. Kamal Dogra. From the discussion before the
Commission it appears that this is because of the deemed PIOs not been able to locate the records since
the records are distributed in different manners. The complainant appears to have a better knowledge
where the records are kept than the deemed PIO.
Commission’s Decision dated 29/12/2010:
The Complaint was allowed.
“The Commission directs ADM(West) Mr. Anil Banka and ADM(North West) Mr.
Kamal Dogra to give the information to the Appellant before 20 January 2011.”
Facts leading to the noncompliance hearing on 26/05/2011:
The Commission has received a letter dated 13/04/2011 from the Appellant alleging that the order of the
Commission has not been complied with. In view of the same, the Commission has decided to schedule a
hearing on May 26, 2011 at 4:00 pm to decide whether there has been non-compliance of the order of the
Commission.
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Relevant Facts emerging during the noncompliance Hearing dated 26 May 2011:
The following were present:
Complainant: Mr. Dharam Raj;
Respondent: Mr. Rajeev Kumar, Superintendent (LAC); Mr. Pretam Singh, Naib Tehsildar;
The Commission in its decision on 29/12/2010 had directed ADM(West) Mr. Anil Banka and
ADM(NW) Mr. Kamal Dogra to provide the information to the Appellant before 20 January 2011. The
appellant points out that he is seeking the name of the erstwhile landlords who owned the land before it
was distributed amongst the land less people and the criteria based on which the land was distributed to
the landless people. The Appellant has been given information about the names of the persons to whom
the land was distributed which is not the information he was seeking. The Commission again directs
ADM(West) Mr. Anil Banka and ADM(North West) Lal Singh to obtain the information by seeking
assistance under Section 5(4) and presenting themselves before the Commission on 30 June 2011 at
04.00PM with a copy of the information.
Adjunct Decision:
The Commission directs ADM(West) Mr. Anil Banka and ADM(North West) Mr. Lal
Singh to give the information to the Appellant before 20 June 2011.
They are also directed to appear before the Commission with a copy of the information
alongwith the speed post receipt by which the information was sent to the Appellant on
30 June 2011 at 04.00PM.
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
26 May 2011
(In any correspondence on this decision, mention the complete decision number.) (GJ)
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