Central Information Commission Judgements

Mr.Amarjeet Kaur vs Mcd, Gnct Delhi on 27 September, 2010

Central Information Commission
Mr.Amarjeet Kaur vs Mcd, Gnct Delhi on 27 September, 2010
                                CENTRAL INFORMATION COMMISSION
                                 Club Building, Opposite Ber Sarai Market
                                    Old JNU Campus, New Delhi -110067
                                           Tel : +91-11-26161796
                                                                     Decision No.CIC/SG/C/2010/001163/9509
                                                                       Complaint No.CIC/SG/C/2010/001163

COMPLAINT REMANDED :                                     FAA & Chief Town Planner
TO                                                       Town and Planning Department
                                                         Municipal Corporation of Delhi
                                                         4th Floor, Nigam Bhawan
                                                         Kashmere Gate, Delhi- 110006

Complainant                                       :      Smt. .Amarjeet Kaur
                                                         C 17, Mansarover Garden
                                                         New Delhi- 110015

Respondent                                        :      PIO
                                                         Sr. Town Planner (L)
                                                         Municipal Corporation of Delhi
                                                         Town Planning Department, Nigan Bhawan
                                                         Kashmere Gate, Delhi- 110006


Facts

arising from the Complaint:

The complainant had filed an application with the PIO on 04/08/2010 asking for
certain information. She received a reply dated 19/08/2010 from the PIO, which she found
unsatisfactory. The complainant has therefore filed a complaint with the Commission under
Section 18 of the RTI Act, 2005. The complainant has not used the alternate and efficacious
remedy of First Appeal available under Section 19 (1) of the RTI Act. Consequently, the First
Appellate Authority has not had the chance to review the PIO’s decision as envisaged under
the RTI Act.

Therefore, the matter is remanded to the First Appellate Authority with a direction
to decide the matter in accordance with the provisions of the RTI Act, after giving all
concerned parties an opportunity to be heard.

Decision:

The Complaint is disposed off.

Notice of this decision be given free of cost to the parties.




                                                                                             Shailesh Gandhi
                                                                                   Information Commissioner
                                                                                                   27/09/2010
Encl:          Complaint dated 06/09/2010

               PIO reply dated 19/08/2010


(For any further correspondence in this matter, please mention the file number given above.) JA