Central Information Commission Judgements

Shri B.M. Yadav vs Office Of The Cantonment Board, … on 24 April, 2009

Central Information Commission
Shri B.M. Yadav vs Office Of The Cantonment Board, … on 24 April, 2009
                          Central Information Commission
               Appeal No.CIC/WB/A/2008/01225-SM dated 18.08.2006
                 Right to Information Act-2005-Under Section (19)


                                                              Dated: 24 April 2009


Appellant       :        Shri B.M. Yadav

Respondent      :        Office of the Cantonment Board, Ministry of Defence

The Appellant was present in person.

On behalf of the Respondent, the following were present:

        (i)     Shri Jayesh H. Patel, AAE (Civil)
        (ii)    Shri D.M. Geetin, OS

        The brief facts of the case are as under.

2. The Appellant had, in his application dated 18 August 2006,
requested the CPIO to provide him information in respect of all the public
roads within the Cantonment Board’s jurisdiction and if any of those public
roads had been closed under any particular authority, to provide him with a
copy of the said authority. The CPIO replied on that in September 2006 and
informed him that all the public roads and public gardens under their
jurisdiction were open to the general public and only checking was being
done due to the sensitive nature of the Cantonment Area. Not satisfied with
this reply, the Appellant preferred an appeal before the first Appellate
Authority which that Authority decided in his order dated 6 January 2007.
The first Appellate Authority also held that no public roads had been closed
by the Engineering Branch of the Cantonment Board. The Appellant has now
come before the CIC in Second Appeal against the order of the first
Appellate Authority.

3. During the hearing, both the parties were present and made their
submissions. We find that the CPIO had not given specific information on the
queries of the Appellant. Though he had stated that no public road within

CIC/WB/A/2008/01225-SM
the jurisdiction of the Cantonment Board had been closed, he did not
mention the details of those roads as had been sought by the Appellant.
Therefore, we now direct the CPIO to provide to the Appellant within 10
working days from the receipt of this order the details of all the public
roads which come under the jurisdiction of the Cantonment Board and to
inform specifically if any of those roads had been closed under any
permission obtained from any authority along with a copy of such
permission, if any.

4. With the above direction, the appeal is disposed off.

5. Copies of this order be given free of cost to the parties.

(Satyananda Mishra)
Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges prescribed under the Act to the
CPIO of this Commission.

(Vijay Bhalla)
Assistant Registrar

CIC/WB/A/2008/01225-SM