CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/001700/4706
Appeal No. CIC/SG/A/2009/001700
Appellant : Mr.Devinder Singh Bharel,
S/o. Shri Chatter Singh Bharel
Village- Shahbad Mohd. Pur,
New Delhi-110061
Respondent : Mr. Satnam Singh
Public Information Officer
O/o the Addl. District Magistrate/LAC
(South-West), Room No. 12,
Old Terminal Tax Building,
Kapashera, New Delhi
RTI application filed on : 12/02/2009
PIO replied : 04/03/2009
First Appeal filed on : 25/03/2009
First Appellate Authority order : 13/04/2009
Second Appeal Received on : 13/07/2009
S.No Information Sought PIO's Reply
1. Copy of the Corrigendum in respect PIO mentioned that Corrigendum was
of item as 145 - 152, 273-280 & enclosed. But, there is no enclosure in the
404 of Award No. 10/86-87 of, file.
village Shabad Mohd. Pur, Delhi.
2. Statement of all parties, i.e Bharti, Dist. SW was inaugurated in 1998 so the
Ghune, Chatru and Bhana, Mam relevant record with regard to Corrigendum
Chand , Radam Jeet Ram and in not available in the statement.
Dharam Singh.
3. Copy of order of LAC(PS) by Same as above.
which payments were made to the
parties.
Grounds for First Appeal:
Appellant mentioned that copy of Corrigendum was only supplied but the statement and Order
on which this case was based was not supplied, which was part of the Corrigendum.
Order of the First Appellate Authority:
FAA mentioned in his order that PIO might re-examine the application of the Appellant seeking
information and furnish such other information as was available on record within 7 days.
Grounds for Second Appeal:
1. Complete information was not provided to the Appellant. Unrelated/incorrect Information
was provided.
2. Appellant mentioned that since desired documents were judicial documents question of
their non-availability does not arise.
Relevant Facts
emerging during Hearing:
The following were presentL
Appellant: Mr.Devinder Singh Bharel,
Respondent: Mr. Vinod Kumar, Naib Tehsildar on behalf of PIO Mr. Satnam Singh
The Respondent states that the records being sought by the Appellatn are not available. He states
that there is some possibility that they might be at the Tis Hazari Record Room. He has shown a
letter of 07/08/2009 written to Tis Hazari Record Room but he has received no reply of that
letter. The Commission directs the Tehsildar Incharge of record room at Tis Hazari to make a
diligent search to locate the record and provide it to the Appellant before 20 September 2009. If
the record cannot be located the Divisional Commission/ Secretary Revenue will give a
certificate to this effect and send it to the Appellant before 30 September 2009.
Decision:
The appeal is allowed.
The Tehsildar incharge of Tis Hazari Record Room is directed to locate the record and provide
the information to the Appellant before 20 September 2009. If the record cannot be located the
PIO will obtain a certificate from the Divisional Commission/ Secretary Revenue to this effect
and send it to the Appellant before 30 September 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
04 September 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj
CC:
To,
Tehsildar, Tis Hazari Record Room through Mr. Vinod Kumar, Naib Tehsildar.