Central Information Commission Judgements

Mr.Jawahar Singh vs Mcd, Gnct Delhi on 24 December, 2010

Central Information Commission
Mr.Jawahar Singh vs Mcd, Gnct Delhi on 24 December, 2010
                            CENTRAL INFORMATION COMMISSION
                                Club Building (Near Post Office)
                              Old JNU Campus, New Delhi - 110067
                                     Tel: +91-11-26161796

                                                              Decision No. CIC/SG/A/2010/003120/10618
                                                                      Appeal No. CIC/SG/A/2010/003120
     Relevant Facts

emerging from the Appeal

Appellant : Mr. Jawahar Singh
C-125, Bindapur, Pocket IV,
New Delhi – 110059

Respondent : Mr. K. C. Meena
Public Information Officer &
Superintendent Engineer – II
Municipal Corporation of Delhi
West Zone, School Building,
Vishal Enclave, Rajouri Garden,
New Delhi-110027

RTI application filed on : 21/07/2010
PIO replied : 31/08/2010
First appeal filed on : 06/09/2010
First Appellate Authority order : Not enclosed
Second Appeal received on : 03/11/2010

Respondent 1 transferred the RTI application to Respondent 2.

Sl.                      Information Sought                                        Reply of PIO
1. Two kilometer road in front of Mahavir Enclave has been           It doesn't come under              their
     divided in portion. What is the basis of this division?         jurisdiction.
2. In front of C-1, Janakpuri, the road has been broken by Jal       -do-
     Board. When will it be repaired?
3.     While making the concrete road, some portion was left.        -do-
                        When will it be made?
4. Why hasn't the roads been made in front of Jagdamba              The estimates for the same has been
     sweets when it is made in front of JJ colony?                  drawn. The work will start for the
                                                                    same soon.

5. Some people have made the choked sewage lines their It is not under their jusidiction.

kitchens and toilets. When will they be driven away and
sewage lines be cleaned?

6. When will the lanes be made in front of A, B, C, D and E Reply is same as in query 4.

blocks?

7. The public toilet in JJ colony is also a place where garbage IT is under the jurisdiction of DEMS
is thrown. The sewage line is also broken. When will this
be cleaned and repaired as it can lead to an epidemic if not
done so.

8. The public Park in JJ colony is not maintained. When will It is under the jurisdiction of
it be repaired and further maintained? Horticulture department.

Grounds for the First Appeal:

Pios replied very late and they just transferred the application. After transferring, no reply came from
the PIO

Order of the First Appellate Authority (FAA):
Not enclosed.

Grounds for the Second Appeal:

No answers given by the PIOs.

Relevant Facts emerging during Hearing:

The following were present:

Appellant : Mr. Jawahar Singh;

Respondent : Mr. K. C. Meena, Public Information Officer & Superintendent Engineer – II;

From the discussion before the Commission it appears that the location of the road for which
the Appellant wanted information was not clearly defined in the application. The Appellant and the
Respondent after discussions identified the road for which the information was required which is in
Chanakya Place. With regards to the other queries also it emerges that there is some lack of
understanding about the specific places for which the Appellant is seeking information.

The Appellant is willing to inspect the relevant area and explain the location for which he wants
information. The Commission therefore directs that the PIO and the Appellant to do a joint inspection
of the area on 27/12/2010 at 10.00AM at Bindapur, Pocket-IV Community Hall. The PIO will now
provide the information if it relates to his office or transfer the RTI application to the appropriate PIOs.

Decision:

The Appeal is allowed.

The PIO is directed to give the information as directed above or transfer the RTI
application to the appropriate PIOs before 10 January 2011.

The PIO will also conduct a joint inspection on 27/12/2010 at 10.00AM as directed
above to identify the exact location for which the information is required. The PIO will
give then provide the information to the Appellant before 10 January 2011. If the
information relates to other Public Authority he will transfer the RTI application for
those points.

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 December 2010
(In any correspondence on this decision, mention the complete decision number.) (PBR)