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Decision No. CIC/SG/A/2010/001040/8025
Appeal No. CIC/SG/A/2010/001040
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Bhupinder Singh Kochhar,
10, Under Hill Road, Civil Lines,
Delhi.
Respondent : Mr. Ram Kishan
Public Information Officer &
Asstt. Settlement Commissioner
(Evacuee Property Cell),
Land & Building Department, Government of
NCT of Delhi,
B-Block, Vikas Bhawan, New Delhi.
RTI application filed on : 08/12/2009 PIO replied : First appeal filed on : 15/01/2010 First Appellate Authority Ordered on : 16/03/2010 Second Appeal received on : 23/04/2010
The Appellant wanted information in regard to declaration of a Property as Evacuee Property
without notification regarding the same.
S.No. Information Sought Reply of the Public Information Officer
(PIO)
A. Notification under section 7 of Administration Relevant records could not be traced.
of Evacuee Property Act, 1950 published in Hence information cannot be provided.
respect of Property No.10, Under Hill Road,
Civil Lines, Delhi, Date of Publishing and
furnishing of a certified copy of the same.
B. Declaration made deciding the Property to be As above.
Evacuee Property.
C. Legal Documents if the Ownership of the Land under the Property as per Jamabandi
Property is claimed by Land & Building records belongs to the Custodian
Department. Department. Copy of Jamabandi
enclosed.
Reply of the PIO:
Not replied.
Ground of First Appeal:
No information received from the PIO.
First Appellate Authority (FAA) ordered:
The State Public Information Officer had been directed to reply to the appellant within two
weeks.
Ground of the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Bhupinder Singh Kochhar;
Respondent : Mr. Ram Kishan, PIO & Asstt. Settlement Commissioner;
The PIO has stated that the information sought by the appellant should be in file relating
to property no. 10, Under Hill Road, Civil Lines which is not available. He has filed an FIR
reporting that this file is not available. The appellant has also asked for a gazette notification
which also the PIO states is not available since it relates to a period of around 1950. The PIO has
asked the Ministry of Home Affairs for this gazette notification and has been informed that this
notification is not available with them either. Ministry of Home Affairs just stated that the
records were transferred to the Delhi Government in 1989. The PIO is directed to provide
attested copy of this letter from the Ministry of Home Affairs to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to give the information as described above to the
appellant before 20 June 2010.
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
04 June 2010
(In any correspondence on this decision, mention the complete decision number.)(SC)