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Decision No. CIC/SG/A/2010/002697/10127
Appeal No. CIC/SG/A/2010/002697
Relevant Facts
emerging from the Appeal
Appellant : Mr. Pramod Pappu Mishra
109-110, Pratap Bhawan,
5, Bahadur Shah Zafar Marg,
New Delhi – 110002.
Respondent : Mr. S. C. Chauhan
Public Information Officer & Executive Engineer
Office of the Executive Engineer,
Public Works Department (GNCTD)
Flyover Project Division, F-121,
Ramesh Park, Near Shakarpur Police
Station, Delhi-110092.
RTI application filed on : 15/03/2010 PIO replied : 30/06/2010 First appeal filed on : Not mentioned. First Appellate Authority order : Not mentioned. Second Appeal received on : 29/10/2010 Information Sought:
The Appellant sought information regarding encroachment near the Khicharipul in Mandawali Phajilpur
area. He sought name of the encroacher. He further sought whether the land was given by PWD on rent or
had been sold. He sought what action was being taken or had been taken by the Dept. against the
encroachment. He requested for reply in Hindi.
Reply of the Public Information Officer:
The PIO furnished following information vide letter dated 30/06/2010:
“that the area, from road NH-24, Noida Turn to Gajipur boarder, comes under working area of the
undersigned. Total right of way of the NH-24 is 90 meter ie on both side width is 45 meter from central
point of the road. The temple Prachin Shani Sai is built out of the right of way of NH-24. Hence there is
no encroachment. Hence, no action is required from the end of PWD(GNCTD). Possibly, this temple is
built on land of DDA therefore your application is being forwarded to The Chief Engineer(East), DDA,
16th , Vikas Minar, I.P Estate, Delhi.”
Grounds for the First Appeal:
Not enclosed.
Order of the First Appellate Authority:
Not enclosed.
Grounds for the Second Appeal:
Incorrect information.
Submission for hearing:
The PIO submitted following vide his letter dated 26/10/2010:
” that the said application of the applicant was firstly received in this office from Executive Engineer,
PWD Road Maintenance Division M-212 vide their office letter No. 70(RTI/PWD M-212/1415 dated
24.06.2010 and the reply of the same was sent to Sh. Pramod Pappu Mishra vide this office fetter of even
No. 516 dated 25.06.2010. Second time the application of the applicant was again received by this office
from Executive Engineer, PWD Road Maintenance Division M-212 vide their letter No. 1429 dated
25/06/2010 the same was again replied vide this office letter of even No 531 dated 30/ 06/2010 The copy
of the both replies are attached as Annexure- A &”B. The copy of the letter was So forwarded to Chief
Engineer (East), DDA 16″ floor, Vikas Minar, I.P. Estate, New Delhi as the matter was related to him.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent;
Respondent: Mr. S. C. Chauhan, Public Information Officer & Executive Engineer;
The Respondent states that he has given the information to the Appellant that the information
about the encroachment which the Appellant is seeking is beyond the right-of-way of the National
Highway-24 and hence no information regarding this is available with his office. The PIO has also
transferred the RTI application to Chief Engineer (East), DDA, 16th Floor, Vikas Minar, IP Estate, New
Delhi and the Appellant should pursue the matter there.
Decision:
The Appeal is disposed.
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
23 November 2010
(In any correspondence on this decision, mention the complete decision number.)(Rnj)