Central Information Commission Judgements

Mr.N Ahuja vs Ministry Of Urban Development on 4 January, 2011

Central Information Commission
Mr.N Ahuja vs Ministry Of Urban Development on 4 January, 2011
                          CENTRAL INFORMATION COMMISSION
                      Room No.296, II Floor, B Wing, August Kranti Bhawan
                            Bhikaji Cama Place, New Delhi-110066.
                            Telefax:011-2618 0532 & 011-2610 7254
                                       Website : cic.gov.in

                               Appeal No. : CIC/LS/A/2010/000977-DS

                                                                               Date : January 04, 2011


Appellant                            :      Shri N. Ahuja.
Public Authority                     :      Ministry of Urban Development, New Delhi.


                                               ORDER

The Commission has received a petition dated 19/02/2010 (Diary No.:12931-23/02/2010) from
Shri N. Ahuja in respect of his/her RTI-application on 08/09/2009 filed with the CPIO, Ministry of
Urban Development (Land & Development Office), Nirman Bhawan, New Delhi-110001. A Copy of
RTI application is enclosed. Thereafter, the petitioner filed 1St Appeal before First Appellate Authority
of the Public Authority. From the perusal of documents on record, it is seen that the same has not been
adjudicated upon by the First Appellate Authority.

2. In order to avoid multiple proceeding under section 19 and 18 of the RTI Act, viz., appeals and
complaints, the matter is remitted to the CPIO with the following directions:
i. In case no reply has been given by CPIO to the complainant to his/her RTI request, the
CPIO should furnish a reply to the complainant within two weeks of receipt of this order.

ii. In case CPIO has already given reply to the complainant in the matter, he/she should
furnish a copy of his/her reply to the complainant within one week of receipt of this
order.

iii. CPIO should invariably indicate to the complainant the name and address of the 1st
Appellate Authority, before whom the complainant can file first appeal, if any.

iv. A copy of CPIO’s reply will be endorsed to the Commission clearly indicating the case
number and reason for delay, if any, in providing information.

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3. In case the complainant is not satisfied with the reply received from CPIO, he/she may file first-

appeal before the FAA under section 19 (i) of the RTI Act within the time prescribed under the
RTI Act.

4. On receipt of the first appeal from the petitioner as per the above directions, FAA should
dispose of the appeal within the period stipulated in the RTI Act.

5. In case complainant still feels aggrieved by the decision of AA, he/she shall be free to approach
the Commission in second appeal under section 19(3), along with complaint u/s 18, if any, within
the prescribed time limit.

6. The matter is closed with above directions.

(Smt. Deepak Sandhu)
Information Commissioner (DS)

Authenticated true copy:

(T. K. Mohapatra)
US & Dy. Registrar
Tele. No. 011-26105027
tk.mohapatra@nic.in

Copy to:-

1. Shri N. Ahuja
C-2/2262,
Vasant Kunj,
New Delhi-110070.
Mobile No.: 93122 34825 / 2613 6210.

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2. Central Public Information Officer
Land & Development Office,
Ministry of Urban Development,
Nirman Bhawan,
New Delhi-110001.

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