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Decision No. CIC/SG/A/2011/000185/11645
Appeal No. CIC/SG/A/2011/000185
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Anwar Khan
2625, Katria Munir Khan,
Baradari Sher Afghan Khan,
Ballimaran, Delhi-6.
Respondent : Mr. Ram Krishan
PIO & Assistant Settlement Commissioner
Govt. of NCT of Delhi
Land & Building Department,
EP (cell), Vikas Bhawan, I.P. Estate,
New Delhi - 2
RTI application filed on : 28-10-2010
PIO replied : 06-01-2011
First appeal filed on : 06-12-2010
First Appellate Authority order : 21-12-2010
Second Appeal received on : 18-01-2011
S.No Information sought Reply of PIO
1. File of property (a) The file/record is available for inspection.
bearing no. 2642 to (b) Concerned file is not readily traceable hence information cannot be
2647 in Baradari Sher supplied for the time being.
Afghan Khan, (c) Information is not clearly defined in terms of S. 2(6). Application may be
Ballimaran, Delhi-6 rejected.
(d) Particulars provided by the applicant are insufficient to trace the file.
First Appeal:
Information not made available.
Order of the FAA:
SPIO/A.S.C. (E.P. Cell) sought sometime to arrange the inspection because of prolonged leave of record keeper.
Appellant was agreeable to the sane. Ordered that inspection be arranged within 21 days on mutual convenience.
Ground of the Second Appeal:
File of wrong number and wrong property put up for inspection. Required file not made available.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Anwar Khan;
Respondent : Mr. S. K. Srivastava, Sr. Accountant on behalf of Mr. Ram Krishan, PIO & Assistant
Settlement Commissioner;
The Appellant had sought inspection of files relating to property no. 2642-2647, Near Baradari, Sher
Afgan Khan, Ballimaran, Delhi – 110006. The Respondent states that whatever related information was
available has been given to the Appellant and they are not able to locate this particular file. The Respondent
has given a list of files which was stolen in 2003 to the appellant. The appellant points out that amongst the
files which has been stolen there is no mention of the files relating to the property 2642 -2647. The PIO is
directed to do a diligent search and either give an inspection of the file relating to the property nos. 2642-
2647 to the Appellant on 11 April 2011 at 10.00AM at the office of the PIO or give a certificate on that day
to the Appellant stating that the file is lost. If the file is lost a police complaint will be file and a copy sent to
the Appellant before 30 April 2011.
Decision:
The Appeal is allowed.
The PIO is directed to do a diligent search and either give an inspection of the file
relating to the property nos. 2642-2647 to the Appellant on 11 April 2011 at 10.00AM at the
office of the PIO or give a certificate on that day to the Appellant stating that the file is lost.
If the file is lost a police complaint will be file and a copy sent to the Appellant before 30
April 2011.
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
24 March 2011
(In any correspondence on this decision, mention the complete decision number.) (AP)