Central Information Commission Judgements

Mr. Arvinder Singh vs Govt. Of Nct Of Delhi on 12 August, 2009

Central Information Commission
Mr. Arvinder Singh vs Govt. Of Nct Of Delhi on 12 August, 2009
                 CENTRAL INFORMATION COMMISSION
                  Club Building, Opposite Ber Sarai Market,
                    Old JNU Campus, New Delhi - 110067.
                            Tel: +91-11-26161796

                                            Decision No. CIC/SG/A/2009/001537/4418
                                                   Appeal No. CIC/SG/A/2009/001537

Appellant                                 : Mr. Arvinder Singh
                                            S/O Late Shri Bhupinder Singh
                                            R/O DDA SFS Flat No.9, Pkt-B,
                                            Sukhdev Vihar, New Delhi- 110025

Respondent                                : Mr. A.V. Prem Nath
                                            Addl. District Magistrate &,
                                            Public Information Office,
                                            Govt. of NCT of Delhi
                                            Central Distt., New Delhi.
                                            Tel No.23284932

RTI application filed on                  : 13/02/2009
PIO replied                               : 24/02/2009
First Appeal filed on                     : 19/03/2009
First Appellate Authority order           : 19/03/2009
Second Appeal filed on                    : 19/06/2009

 S.No.        Information Sought                            PIO's Reply
 1)    Sale deed                            Sale deed registered with this office.
       Registration No. 5669
       Addl. Book No. I
       Volume No. 5321
       Page 189-193
       Dated 12/08/1985
 2)    General Power Of Attorney & Will     "GPA which is a document of addl. Book no
       Document No. 1803                    4 and in the index relating thereto shall be
       Addl. Book No.4                      given to any person executing or claiming
       Volume No.1080                       under the document to which such entries
       Page Nos. 154-157                    respectively refer." On this ground
       Dated 21/05/1983                     information is denied to the Appellant. And
                                            the Appellant has not provided the regd.
                                            details of the will.
 3)     Conveyance deed                     The required record is with the Deptt. of
        Registration No. 886                Archives, 18-A, Satsang Vihar , Marg,
        Addl. Book No. 1                    Qutab Ins. Area, Mehrouli. N.D. The
        Volume No. 1088                     Appellant may apply with regd. particulars
        Page Nos. 109-111                   to obtain the same.
        Dated 08/02/1964

Grounds for First Appeal:
Only three documents received from Sub Registrar-III. While certified copy of GPA not
received. Also the Appellant was not allowed to inspect the documents (receipt no. 24308
dated 16/03/09
 Order of the First Appellate Authority:
No order.

Grounds for Second Appeal:
No order of the FAA and information received was incomplete.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Arvinder Singh
Respondent: Mr. A.V. Prem Nath, PIO
The Appellant had not given the reference for documents he was seeking hence it took some
time before these were provided. The copies of sale deed, will and conveyance deed have
already been provided. However, the copy of the GPA was not provided to the Appellant on
the ground that Section 19 of the Delhi Registration Rules 1976 prohibits giving this. The
PIO should have considered Section 22 of the RTI Act which states “The provision of this act
shall effect notwithstanding anything inconsistent therewith contained in the Official Secrets
Act, 1923, and any other law for the time being in force or in any instrument having effect by
virtue of any law other than this Act.” The RTI Act clearly overrides all earlier acts whenever
there is any inconsistency, and the individual whose documents have been sought has already
expired, and there is no exemption under the RTI Act which has been claimed by the
Respondent. Hence, the information would have to be provided.

Decision:

The appeal is allowed.

The PIO will give a copy of the GPA to the Appellant before 25 August 2009.

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
12 August 2009

(In any correspondence on this decision, mention the complete decision number.) (SP)