Central Information Commission Judgements

Mr.Bachittar Singh vs Mcd, Gnct Delhi on 9 July, 2011

Central Information Commission
Mr.Bachittar Singh vs Mcd, Gnct Delhi on 9 July, 2011
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796

                                                             Decision No. CIC/SG/A/2011/001355/13351
                                                                     Appeal No. CIC/SG/A/2011/001355

Relevant facts emerging from the Appeal:

Appellant                            :       Mr. Bachittar Singh
                                             245/311,Prakash Mohallar
                                             Grahi,East of Kailash
                                             New Delhi- 110 065

Respondent                           :       Mr. A. K. Mittal
                                             PIO & Superintending Engineer(C)-I
                                             Municipal Corporation of Delhi
                                             Building Department, Central Zone
                                             Lajpat Nagar, New Delhi-110024

RTI application filed on             :       23/02/2011
PIO replied on                       :       22/03/2011
First Appeal filed on                :       24/03/2011
First Appellate Authority order on   :       25/04/2011
Second Appeal received on            :       23/05/2011

Information Sought:
1.Please provide the Appellant with photographs of the demolition action taken by the MCD in last year
against P.No.312, Prakash Mohalla, Garhi, New Delhi.

PIO Reply
1.Requisite photographs are not available with the office.

Grounds for the First Appeal:
Information furnished by the PIO, not satisfactory

Order of the First Appellate Authority (FAA):
The FAA held the view that the reply had already been given by the PIO. Appeal disposed.

Ground of the Second Appeal:
Information furnished by the PIO and order of the FAA, not satisfactory.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Bachittar Singh;

Respondent: Mr. Rakesh Kumar, Nodal Officer on behalf of Mr. A. K. Mittal, PIO & SE(C)-I;

The Appellant has stated that he wanted photographs of a structure where demolition action has
been carried in 2010. The respondent has stated that no photographs have been taken of this demolition.
The Appellant states he wants the PIO to go and take photographs and provide it to him. When a citizen
uses Right to Information the PIO is expected to give information as available on the records and not
generate information as is being sought by the Appellant.
Decision:

The Appeal is disposed.

The Appellant is not asking for information as defined under Section 2(f) of the RTI
Act.

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
09 July 2011
(In any correspondence on this decision, mention the complete decision number.) (S