Central Information Commission Judgements

Mr. Choudhary D. P vs Municipal Corporation Of Delhi on 14 January, 2009

Central Information Commission
Mr. Choudhary D. P vs Municipal Corporation Of Delhi on 14 January, 2009
                   CENTRAL INFORMATION COMMISSION
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                                               Decision No. CIC /WB/A/2008/01274/SG/1047
                                                         Appeal No. CIC/WB/A/2008/01274/

Relevant Facts

emerging from the Appeal

Appellant : Mr. Choudhary D. P.,
269/2, Paschim Vihar,
New Delhi – 110063.

Respondent 1 : PIO,
Municipal Corporation of Delhi,
Slum & JJ Department, Room,
Town Hall, Press Building, I.P.Estate,
Delhi – 110002.

RTI filed on                           :       02/06/2007
PIO replied                            :       16/07/2007
First appeal filed on                  :       09/08/2007
First Appellate Authority order        :       17/04/2008
Second Appeal filed on                 :       27/07/2008

The Appellant had filed an application seeking information regarding Challan No. 04335 dated 21-06-
07, Central Bank of India, New Delhi.

The details of information required with the reply as under:
S.No Information sought The PIO’s reply

1. Copy of the ID No. 125/06 dated 06-06-6. S.No. 1 to 6 photocopy of the
application of ID. 125/06 to 130/06
dated 06-06-0. (Copy enclosed).

2. Copy of the application ID No. 126/06 As above.
dated 06-06-06

3. Copy of the application ID No. 127/06 As above
dated 06-06-06.

4. Copy of the application ID No. 128/06 As above
dated 06-06-06.

5. Copy of the application ID No.129/06 As above
dated 06-06-06.

6. Copy of the application ID No. 130/06 As above
dated 06-06-06.

7. Copies of noting in the above mentioned Photocopy of noting of the file can not
125 to 130 files i.e. application ID No. be supplied as per order of
125 to 130 dated 06-06-06. Commissioner MCD vide letter No.
PSG/87/2007 dated 12-02-07.

8. Copy of policy mentioned in ID No. Photocopy of the circular No.
127/06 regarding action taken against the D/328/Addl. Comm./(E)/97 dated 19-
unauthorized construction in respect of 09-97 regarding the unauthorised
stall no 1 to 26 will be taken as per policy construction in JJR colonies is
reported by DD (SCP) on 09-06-06. attached. (Copy attached).

9. Copy of survey report of Survey recent is still awaited from the
encroachment/unauthorized construction survey Section i.e. (S & JJ).
in respect of Shop No.-1 to 26 near
cement store mandir for action of
sealing/demolition branch till date
mentioned in ID No. 127/06 dated 09-06-
06 by D. Asst. (D) I in this report.

10. Copy of action taken by Dy. Photocopy of the letter reply regarding
Commissioner (Slum & JJ) in the spirit of action taken report by Dy. Comm. (S
order No. PS/Dir (Admn)/2004/D-299 & JJ) dated 06-07-06 is enclosed.
dated 14-06-05 in respect of

The First Appellate Authority Ordered:
These queries of the Appellant are beyond the purview of the RTI Act, 05 and therefore, rejected. The
Appellant also informed that the Dept. has not supplied to him on time. In this regard, the Dept.
representative informed that the information has been supplied to him within time. The Appellant has
not brought out any issue whereby some information is required to be supplied to him.

Relevant facts emerging during hearing:
The following were present.

Appellant: Mr. Choudhary D. P.,
Respondent: Mr. D.P.Ture PIO
The PIO has given the information on all points except no. 7. He has wrongly denied the file
notings and is directed to provide them. The appellant has a grievance that action was taken
against only one particular shop and not on others. He can use the information obtained to get
a resolution to his grievance

Decision:

The appeal is partially allowed.

The PIO will provide the file notings asked at point 7 to the appellant before
25 January 2009.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
14th January, 2009

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