Central Information Commission Judgements

Mr.H B Sharma vs Government Of Nct Of Delhi on 24 May, 2011

Central Information Commission
Mr.H B Sharma vs Government Of Nct Of Delhi on 24 May, 2011
                        CENTRAL INFORMATION COMMISSION
                         Club Building, Opposite Ber Sarai Market,
                           Old JNU Campus, New Delhi - 110067.
                                   Tel: +91-11-26161796

                                                            Decision No. CIC/SG/A/2011/000726/12488
                                                                    Appeal No. CIC/SG/A/2011/000726

Appellant                                    :      Mr. H B Sharma
                                                    C/P -67 Maurya Enclave
                                                    Delhi -110034.

Respondent                                   :      Mr. R. K. Parasar
                                                    PIO & Dy. Director
                                                    Government of NCT of Delhi
                                                    Delhi Urban Shelter Improvement Board
                                                    O/o the Dy. Director
                                                    Vikas Kutir IP, Estate,
                                                    New Delhi

RTI application filed on                     :      18/09/2010
PIO replied                                  :      09/11/2010
First Appeal filed on                        :      25/10/2010
FAA's Order                                  :      18/11/2010
Second Appeal Filed on                       :      05/03/2011
Hearing Notice Issued on                     :      25/04/2011
Date of Hearing                              :      24/05/2011

Information Sought:-
1. A copy of the Sizra of Colony Uttram Nagar, Hastaal, which was obtained the erstwhile Slum and JJ
Department of the MCD, is enclosed. It is seen there from that the plot numbers are given by Black link
and Khasra Nos. by Red ink. You are requested to supply a copy of the enclosed Sizra plan duly attested
by marking the Khasra Nos. by Red ink, or provide a colored photo copy of the plan, for which I shall be
paying the necessary charges.
2. I may also be allowed to inspect the file/original document or the basis of which the enclosed document
has been copied out.
3. Also kindly inform me the Plot Nos. which have not been given acquired and those acquired but
possession thereof has not been given to the Slum and JJ Deptt.
4. Please give Nos. of plots as per the enclosed Sizra which have, been handed over to the Slum & JJ
Deptt. but same are still under encroachment.
5. Action that has been taken so far for clearance of encroached plots or is there any scheme for allotting
the same to the encroachers, if so details thereof

Reply from the PIO:-
The appellant was provided with the following information:-
On the perusal of the enclosed Map with the RTI application transpires that it is not the Aks Sizra as
maintained in the revenue records of any village since the revenue map of any village contains the Kh.
Nos. and not the plot wise parcels of land. Also the said sizra is supposedly of the colony Uttam Nagar.
No record of any colony is maintained in this office and only records of revenue villages are maintained.
Further the applicant in his RTI application has himself mentioned that the sizra of colony Uttam Nagar
was obtained from Slum &JJ Department of MCD and has asked for inspection of the file on the basis of
which the enclosed document has been copied out.
 FAA's Order:-
The matter was further explained by the applicant and accordingly, Tehsildar-I Sh. Bhardwaj informed
that this information may be available with the DC(Revenue) West/LAC(West) and accordingly he may
contact both of them in respect of providing of information under RTI Act. Accordingly, the matter is
closed.

Grounds for Second Appeal:
No information was given by the PIO.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. H B Sharma
Respondent: Mr. K. K. Bhardwaj, Tehsildar on behalf of Mr. R. K. Parasar, PIO & Dy. Director;

The Appellant has received certain information but states that he has not received the copy of the
Aks-Shazra of Uttam Nagar Colony (Hastal Revenue Estate). Photocopies available with the DUSIB
which has been provided which is with the Appellant. The original has not been located either with
DUSIB nor with LAC (West) or DC Revenue (West). The Commission directs all three PIOs to either
furnish the copy of the original map or inform the Appellant if the original map is not in their records.

The PIO DUSIB is directed to provide the information on query 4 & 5 to the Appellant.

Decision:

The appeal is allowed.

The PIOs of DUSIB, LAC(West) and DC Revenue(West) are directed to either
furnish the copy of the original map or inform the Appellant if the original map is not in
their records. They will provide this information to the Appellant before 20 June 2011.

PIO DUSIB is also directed to provide the information on queries 4 & 5 to the Appellant
before 20 June 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 May 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)  
Encl: Copy of the Aks-Shazra of Uttam Nagar Colony (Hastal Revenue Estate) available with the
Appellant;

CC:

  1-            PIO & LAC(West)
                Revenue Department,
                Old Middle School Building,
                Rampura, New Delhi

     2-         DC Revenue(West)
                Revenue Department,
                O/o the DC (West)
                Old Middle School Building,
 Rampura, New Delhi