Central Information Commission Judgements

Mrs. Sharmila Seth vs Govt. Of Nct Of Delhi on 12 November, 2009

Central Information Commission
Mrs. Sharmila Seth vs Govt. Of Nct Of Delhi on 12 November, 2009
                   CENTRAL INFORMATION COMMISSION
                    Club Building, Opposite Ber Sarai Market,
                      Old JNU Campus, New Delhi - 110067.
                              Tel: +91-11-26161796

                                                  Decision No.CIC/SG/A/2009/002344/5491
                                                        Appeal No. CIC/SG/A/2009/002344

Appellant                                  :      Mrs. Sharmila Seth,
                                                  LCG 02 GFB Laburnum,
                                                  Sushant Lok I, Secdtor 28,
                                                  Gurgaon, Haryana.

Respondent                                 :      Mr. S.K.Singh
                                                  Public Information Officer,
                                                  Govt. of NCT of Delhi,
                                                  O/o the Dy. Commissioner(South)
                                                  M B Road, Saket, New Delhi

RTI application filed on                   :      24/03/2009
PIO replied                                :      24/04/2009
First Appeal filed on                      :      22/05/2009
First Appellate Authority order            :      24/04/2009
Second Appeal Received on                  :      17/09/2009

Notice of Hearing Sent on                  :      12/10/2009
Hearing Held on                            :      12/11/2009

   S.No                Information Sought                             PIO's Reply
   1.   Whether any notice under the mandatory                 Yes
        provisions of Section 9 of the Land Acquisition
        1894 were issued in respect of property No. A-17
        Kailash Colony, New Delhi 10048 till date?
   2.   If so, provide details of Notification No. etc and     Coy of notification issued
        copies of both notification No. as well as the         u/s 4. 6. 17(1) and its
        impugned Section 9(i) notice issued with regard to     corrigendum along with
        property No:A-17 Kailash Colony, New Delhi-            notice issued u/s 9(1) of CA
        110048 in respect of land acquisition proceedings      act may be obtained against
        for the proposed East of Kailash metro station.        payment of Rs. 2 per page.
                                                               Total no. pages are 7.

Grounds for First Appeal:
Information not provided within time period.

Order of the First Appellate Authority:
Not enclosed

Grounds for Second Appeal:
Information was not provided as sought by the Appellant. The notice published vide Annexure D
was not the information sought for by he Appellant
 Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mrs. Sharmila Seth;

Respondent: Mr. Ashok Kumar on behalf of Mr. S.K.Singh, Public Information Officer;

The PIO has given the information but there are some deficiencies in the information.
The PIO is directed to provide the following information to the appellant:
1- If there is notice under Section 9 issued for the property A-17, Kailash Colony this
will be provided. If no such notice has been issued this will be stated.

Decision:

The appeal is allowed.

The PIO will give the information mentioned above to the Appellant before 25 November 2009.

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
12 November 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj