CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002825/10049
Appeal No. CIC/SG/A/2010/002825
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Harish Kumar,
628/3, Shivaji Road,
Pul Mithai,
Delhi- 110006
Respondent : Public Information Officer &
Superintending Engineer,
Municipal Corporation of Delhi
(Sadar Pahar Ganj Zone),
Idgah Road, Near Police Station,
Sadar Bazaar, Delhi- 110006
RTI application filed on : 04/03/2010
PIO replied on : No reply
First Appeal filed on : 05/04/2010
First Appellate Authority order of : 05/05/2010
Second Appeal received on : 15/06/2010
Information sought:
1. Permission to inspect all sanctioned building plans which have been regularized since
2005 till date and number of cases regularized ward wise in SP Zone.
2. Permission to inspect all files where building plans have not been sanctioned but the
same have been regularized since 2005 till date along with number of cases regularized
ward wise in SP Zone.
3. What are red and yellow regularized portions of the building plan and what do they
denote?
4. Number of cases which bear red portions and yellow portions, respectively.
5. Number of cases (along with property numbers) in which demolition was carried out
in buildings regularized with yellow marking.
6. Copy of policy and officer orders which allow regularization of property by
departments.
7. Rate (in INR) of regularization with permissible measurements of property.
Reply of the Public Information Officer (PIO):
No reply was given by the PIO.
Grounds for the First Appeal:
No reply was given by the PIO.
Order of the First Appellate Authority (FAA):
The FAA observed that the PIO & SE did not provide the information with the prescribed
time. The PIO & SE was directed to furnish complete point wise reply within five working
days and allow the Appellant to inspect the requisite records within five days.
Ground for the Second Appeal:
No information was provided by the PIO despite the order of the FAA.
Decision:
The Commission has perused the documents submitted by the Appellant. The FAA has given
a clear order dated 05/05/2010 directing the PIO & SE (SPZ) to provide the information to
the Appellant within five working days and allow the Appellant to inspect the requisite
records within five days. The Appellant has not been provided with the information requested
for despite the order of the FAA. The Commission therefore directs the PIO & SE (SPZ) to
provide the information requested for by the Appellant. Denial of information to an
Appellant under the RTI Act can only be done if what is sought is not “information” as
defined under Section 2(f) of the RTI Act or is exempt under Section 8(1) of the RTI Act.
The PIO & SE (SPZ) has neither claimed that it is not “information” nor has he claimed that
it is exempt under Section 8(1) of the RTI Act.
The Appeal is allowed. The PIO & SE (SPZ) is directed to provide the complete point wise
information requested by the Appellant before December 13, 2010. The PIO & SE (SPZ) is
further directed to facilitate an inspection of the requisite records to the Appellant before
December 13, 2010.
From the facts before the Commission it is apparent that the PIO & SE (SPZ) is guilty of not
furnishing information within the time specified under Section 7(1) of the RTI Act by not
replying within 30 days. He has further refused to obey the orders of the FAA, which raises a
reasonable doubt that the denial of information may also be mala fide. The FAA has clearly
ordered the information to be given. It appears that the actions of the PIO & SE (SPZ) attract
the penal provisions of Section 20(1) of the RTI Act. A show cause notice is being issued to
him and he is directed to give his reasons to the Commission to show cause why penalty
should not be levied on him.
He will present himself before the Commission at the above address on December 23, 2010
at 12:30 pm along with his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20(1) of the RTI Act. He will also submit proof
of having given the information to the Appellant. If there are other persons responsible for
the delay in providing the information to the Appellant and for not complying with the order
of the FAA, the PIO & SE (SPZ) is directed to inform such persons of the show cause
hearing and direct them to appear before the Commission with him.
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 the RTI Act.
Shailesh Gandhi
Information Commissioner
November 16, 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)