CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000282/11804Adjunct
Appeal No. CIC/SG/A/2011/000282
Relevant Facts
emerging from the Appeal
Appellant : Mr. A.R. Dhawan,
C-10/147, Yamuna Vihar,
Delhi-110053
Respondent (1) : Mr. Rakesh Goel
Public Information Officer & Dy. C. A.,
Department of Architecture and Environment,
New Delhi Municipal Council,
Palika Kendra,
New Delhi- 110001
(2) Central Public Information Officer &
Deputy Land & Development Officer,
Land & Development Office,
Ministry of Urban Development, GOI,
Nirman Bhawan, New Delhi
RTI application filed on : 30/08/2010
PIO replied : 15/09/2010
First appeal filed on : 12/11/2010
First Appellate Authority order : 03/12/2010
Second Appeal received on : 31/01/2011
S.No Information sought by the appellant as Reply of the PIO
regards premises No. 16 Barakhamba Road,
New Delhi:
1. Certified copy of the completion plans of two As per Building plan record plan of 2nd
basements which were approved by the basement is available but the 1st one is not
competent authority. traceable. Copy of the same can be collected by
paying the requisite fee of Rs. 100 per copy.
Further, the cost of taking the photocopies shall
be borne by the applicant.
2. Certified copy of Resolution No. 37 dated The required documents are available in the
20/06/1991vide which completion pan was record. Copy of the same can be collected after
approved by the competent authority. paying the requisite fee of Rs. 2 per page.
3. It may also be intimated regarding the The Building Plan Committee was the
competent authority having authority to competent authority for approving the
approve the completion plan and resolution completion plan.
designation of the competent authority be
intimated.
First Appeal:
Incomplete information has been provided.
Order of the FAA:
“Applicant Sh. AR. Dhawan was replied vide letter no. CA/HNRTI/D/131O-011 Dated15.09.2010 of
his queries mentioned in RTI application property, further, he has collected the required available
documents vide letter no. CA/HA/RTI/D/1425 Dated 11.10.2010. However, the completion plan of
first basement in r/o 18, Barakhamba Road. New Delhi, could not be made available due to non
available in the record file.
In this connection PlO, L&DO is requested to look in this matter and may supply the first basement
plan of 16, Barakhamba Road, New Delhi-110001. The applicant Sh. A.R. Dhawan may contact the
PlO, L&DO, Nirman Bhawan, New Delhi, in this regard.”
Ground of the Second Appeal:
Incomplete information was provided after a delay of 11 days.
Relevant Facts emerging during Hearing held on April 1, 2011:
The following were present
Appellant: Absent;
Respondent: Mr. Rakesh Goel, Public Information Officer & Dy. CA;
“The PIO states that the FAA had ordered PIO L&DO to supply the first basement plan of 16,
Barakhamba Road, New Delhi-110001. It appears that this has not been done.”
Decision dated April 1, 2011:
The Appeal was allowed.
“The Commission directs the PIO L&DO to provide the information as directed
above to the Appellant before 20 April 2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO, L&DO within 30 days as required by the law.
From the facts before the Commission it appears that the PIO, L&DO is 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. He has further refused to obey the orders of his superior
officer, which raises a reasonable doubt that the denial of information may also be malafide. The First
Appellate Authority has clearly ordered the information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
The PIO, L&DO will present himself before the Commission at the above address on 29 April 2011 at
3.00pm alongwith his written submissions showing cause why penalty should not be imposed on him
as mandated under Section 20 (1). He will also submit proof of having given the information to
the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before
the Commission with him.”
Relevant facts emerging at the show cause hearing held on April 29, 2011:
The following were present:
Respondent: Mr. R. K. Mishra, Section Officer on behalf of CPIO & Dy. L & DO.
The Respondent submitted that the order dated 03/12/2010 passed by the First Appellate Authority of
NDMC was not received at the office of CPIO & Dy. L & DO. On receipt of the Commission’s order
dated 01/04/2011, the CPIO & Dy. L & DO, vide letter dated 19/04/2011, informed the Appellant that
since a photocopy of the plan cannot be made available by the Land & Development Office, he was
requested to visit the said office and get the plan traced. The Respondent stated that the Appellant has
not visited the office yet and therefore, a copy of the said plan has not been provided to him. It must be
noted that as per Section 7(6) of the RTI Act, the Appellant shall be provided the information free of
charge where a public authority fails to provide the information within 30 days.
Adjunct Decision announced on May 2, 2011:
In view of the aforesaid, the CPIO & Dy. L & DO is hereby directed to provide an attested copy of the
first basement plan of 16, Barakhamba Road, New Delhi- 110001 free of cost to the Appellant before
June 1, 2011.
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
May 2, 2011
(In any correspondence on this decision, mention the complete decision number.)(SK)