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Mr.Khushi Ram Tanwar vs Mcd, Gnct Delhi on 23 November, 2010

Central Information Commission
Mr.Khushi Ram Tanwar vs Mcd, Gnct Delhi on 23 November, 2010
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796
                                                      Decision No. CIC/SG/A/2010/002217/9505Adjunct
                                                                    Appeal No. CIC/SG/A/2010/002217
Relevant Facts

emerging from the Appeal

Appellant : Mr. Khushiram Tanwar
276, Dera village,
New Delhi-110074

Respondent : Ms. Juhi Mukherjee
Public Information Office & Sub Division Magistrate
Government of NCT of Delhi
Old Tehsil building, Hauz Khas
Mehrauli

RTI application filed on : 03/05/2010
PIO replied : Not enclosed
First appeal filed on : 11/06/2010
First Appellate Authority order : 28/06/2010
Second Appeal received on : 06/08/2010

Information Sought:

1. Change of mutation during last 10 months(July 2009 to April 30th 2010)

2. Information about KH No-119 that are listed on 04/04/1996 before change in mutation

3. Approval for changing mutation KH No 1055/715 of the mentioned KH No 119

4. Obtain N .O.C before sale deed execute

5. Whether applied to obtain N.O.C of the mentioned KH No 119 before sale deed executed.

6. N.O.C of property be issued that is disputed and inquiry under government agencies /court of law.

7. Can whether sale deed of property be executed that is to be disputed.

8. Whether subordinate court of law be granted the right of Bhoomidhary up to notified ridge.

Reply of the Public Information Officer (PIO):
No Reply was given.

Grounds for the First Appeal:

Non-supply of information by the PIO.

Order of the First Appellate Authority (FAA):
The FAA directed the PIO to furnish complete information within 10 days.

Grounds for the Second Appeal:

Non-compliance of the order of the FAA

Relevant Facts emerging during Hearing on 27 September 2010:
The following were present
Appellant: Mr. Khushiram Tanwar
Respondent: Mr. Nitin Panigrahi, Tehsildar on behalf of Ms. Juhi Mukherjee, PIO & SDM;

Mr. Yogendra Singh, Panchayat Secretary Officer of the BDO;
“Inspite of the order of the FAA no information appears to have been provided for the RTI
application of ID-460.”

Commission’s Decision dated 27 September 2010:
The Appeal was allowed.

“The respondent Mr. Nitin Panigrahi is directed to provide the information to the
appellant before 22 October 2010.

The issue before the Commission is of not supplying the complete, required information by the
deemed PIO Mr. Nitin Panigrahi, Tehsildar within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as
per the requirement of the RTI Act. It appears that the PIO’s actions attract the penal provisions of Section
20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to
show cause why penalty should not be levied on him.

Mr. Nitin Panigrahi, Tehsildar will present himself before the Commission at the above address on
23 November 2010 at 12.00pm alongwith his written submissions showing cause why penalty should not
be imposed on him as mandated under Section 20 (1).

Relevant Facts emerging during showcause hearing on 23 November 2010:
The following were present
Appellant: Mr. Khushiram Tanwar
Respondent: Mr. Nitin Panigrahi, Tehsildar;

The Respondent states that he is not aware about this information has not been provided. He assures
the information that he will provided the information to the satisfaction of the Appellant before
26 November 2010. The Appellant will meet the Respondent at his office at 03.00PM on 26 November
2010. The appellant and respondent will draw up a compliance report and send it to the Commission before
30 November 2010.

Adjunct Decision:

The Appellant will meet the Respondent at his office at 03.00PM on 26 November
2010. The Appellant and Respondent will draw up a compliance report and send it to the
Commission before 30 November 2010.

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
23 November 2010
(In any correspondence on this decision, mention the complete decision number.)(AM)

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