CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002429/9791Adjunct
Appeal No. CIC/SG/A/2010/002429
Relevant Facts
emerging from the Appeal
Appellant : Mr. Chirag Saini
4447, Arya Pura,
Sabzi Mandi, Clock Tower,
Delhi-7
Respondent : Mr. Jag Mohan Singh
APIO & Survey Officer
Municipal Corporation f Delhi
Land & Estate Department.
7th Floor, Civic Center,
Jawahar Lal Nehru Marg,
New Delhi;
RTI application filed on : 21/06/2010 PIO replied : 22/06/2010 First appeal filed on : 30/07/2010 First Appellate Authority order : 01/09/2010 Second Appeal received on : 31/08/2010 Information Sought
1. What is area of land was given to Tonga Stand on Roshnara Road Delhi-1?
2. Whether this land now been allotted to Government or private authority.
3. On what basis this land was allotted.
4. If court is pending against this land give name of the judge and court number alongwith next date
of hearing.
5. Whether there are any case between Tonga Stand allottees and MCD.
Reply of the Public Information Officer (PIO)
1. In year 2002 the Veterinary department came into existence.
2. The Veterinary department did not have the documents/records.
3. The department did not have any mentioned allotted land.
4. The document was not present.
5. With reference to the department there was no information.
Grounds for the First Appeal:.
Unsatisfactory information by the PIO.
Order of the First Appellate Authority (FAA):
The PIO is directed to send the reply with respect to query raised by the appellant within 30 days.
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Grounds for the Second Appeal:
Unsatisfactory and incomplete information of the PIO.
Relevant Facts emerging during Hearing on 15 October 2010:
The following were present:
Appellant: Mr. Chirag Saini;
Respondent: Mr. Jag Mohan Singh, APIO & Survey Officer;
“The appellant has been given the information only about query-1 and information about query-2,
3, 4 & 5 has not been provided to the appellant inspite of the order of the First Appellate Authority (FAA).
The respondent states that the RTI application was transferred to his department on 01/09/2010 and he
sought the assistance of AO & APIO, Land & Estate Mr. Mahavir Singh for query 2 & 3 and assistance
from ALO Mr. Manto, Land & Estate. He states that he did not get information from both of these though
he has asked for the assistance on 01/09/2010 and again reminded on 26/09/2010.”
Commission’s Decision dated 15 October 2010:
The Appeal was allowed.
“The PIO is directed to provide the information to the appellant before 10 November
2010.
The issue before the Commission is of not supplying the complete, required information by AO &
APIO, Land & Estate Mr. Mahavir Singh and ALO Mr. Manto, Land & Estate within 30 days as
required by the law.
From the facts before the Commission it is apparent that the deemed PIOs are guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as
per the requirement of the RTI Act.
It appears that the deemed PIOs actions attract the penal provisions of Section 20 (1). A showcause notice
is being issued to them, and they are directed give their reasons to the Commission to show cause why
penalty should not be levied on them.
AO & APIO, Land & Estate Mr. Mahavir Singh and ALO, Mr. Manto, Land & Estate will present
themselves before the Commission at the above address on 06 December 2010 at 04.00PM alongwith
their written submissions showing cause why penalty should not be imposed on them as mandated under
Section 20 (1). They will also bring the information sent to the appellant as per this decision and
submit speed post receipt as proof of having sent the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant they
are directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with them.”
Relevant Facts emerging during Showcause Hearing on 06 December 2010:
The following were present:
Appellant: Mr. Chirag Saini;
Respondent: Mr. Mahavir Singh, Superintendent O/o the Divisional Commissioner, GNCTD, 5, Shyam
Nath Marg, Delhi; Mr. Vinod Kumar Mantoo, Assistant Law Officer, MCD, 7th Floor, Civic Center,
Jawahar Lal Nehru Marg, New Delhi;
Mr. Vinod Kumar Mantoo, ALO Land & Estate Department has given a written submission in
which he has stated that his assistance was not sought for query-02 & 03 by any authority with respect to
this RTI application based on this statement it appears that Mr. Jag Mohan Singh, APIO & Survey Officer
has misled the Information Commission. Mr. Mahavir Singh, AO Land & Estate Department presently
posted at O/o the Divisional Commissioner, GNCTD, 5, Shyam Nath Marg, Delhi states that the RTI
application had been sent to him for assistance on 13/09/2010 and he had informed the survey department
on 22/09/2010 that “As per record there is no file of Tonga Stand.” The file noting shows that the survey
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office has the record in the Immovable Property Register, CM no. 83 at page 47. Thus it appears that Mr.
Jagmohan Singh and Mr. Mahavir Singh could not have provided the information. If the entry of the
Tonga Stand is in the immovable property register held by the Survey Department, the information
should have been provided by them. The Respondents also shows that the file notings show that the
survey office had on 28/09/2010 asked the Naib Tehsildar to give the reply to the Appellant. Based on this
it appears that the information should be available with the survey office and Mr. Jagmohan Singh has
probably misled the Commission during the hearing on 15 October 2010.
Adjunct Decision:
The Commission directs Mr. Jag Mohan Singh, APIO & Survey Officer, Mr.
Mahavir Singh, Superintendent and Mr. Vinod Kumar Mantoo, Assistant Law Officer to
appear before the Commission on 11 January 2011 at 04.30PM to showcause why
penalty under Section 20(1) should not be levied on them.
The Commission also directs Mr. Jag Mohan Singh to bring the information sought
by the Appellant with him on 11 January 2011 at 04.30PM.
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
06 December 2010
(In any correspondence on this decision, mention the complete decision number.)(AM)
CC:
To,
1- Mr. Mahavir Singh,
Superintendent
O/o the Divisional Commissioner, GNCTD,
5, Shyam Nath Marg,
Delhi;
2- Mr. Vinod Kumar Mantoo,
Assistant Law Officer, MCD,
7th Floor, Civic Center,
Jawahar Lal Nehru Marg,
New Delhi;
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