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Mr.Kuldeep Singh Yadav vs Government Of Nct Of Delhi on 16 June, 2010

Central Information Commission
Mr.Kuldeep Singh Yadav vs Government Of Nct Of Delhi on 16 June, 2010
                    CENTRAL INFORMATION COMMISSION
                        Club Building (Near Post Office)
                      Old JNU Campus, New Delhi - 110067
                             Tel: +91-11-26161796

                                                     Decision No. CIC/SG/A/2010/001165/8151
                                                           Appeal No. CIC/SG/A/2010/001165
Relevant Facts

emerging from the Appeal

Appellant : Mr. Kuldeep Singh Yadav
S/o Mr. Mukhtawar Singh
B-116, Shiv Park, Nangloi,
Delhi – 110041.

Respondent : Public Information Officer &
Addl District Magistrate.

Govt. NCT of Delhi
Distt. West, O/o the Dy. Commissioner
Old Middle School Complex, Rampura,
Delhi – 110032.

RTI application filed on             :       21/11/2009
PIO replied                          :       04/02/2010(After FAA's order)
First Appeal filed on                :       11/01/2010
FAA ordered on                       :       Not Mentioned
Second Appeal received on            :       05/05/2010
Hearing Notice sent on               :       18/05/2010
Hearing held on                      :       16/06/2010

Information Sought:

1) Detailed information regarding govt. land or gram sabha land in Nangloi Jat including
total rakba, Khasra no., MAP, Land in the possession of DDA with MAP and details of
rakba and khasra, land in the possession of MCD with map and details of rakba and
khasra, land in the possession of any private institute or illegally occupied with map and
details of rakba and khasra and land which is not in anyone’s possession with details of
rakba and khasra.

2) Details of compensation paid in return to the land given to MCD, DDA or any other
private institution and whether the amount is deposited in the bank or anywhere else. The
was the compensation has been used along with details dues of compensation and the
way it will be paid.

Reply of the PIO:

(After the FAA’s order)
The details of land in Nangaloi Jat Area was given to the Appellant in a tabular format

Ground of the First Appeal:

Non-receipt of information from the PIO within the stipulated time.

Order of the FAA:

Not mentioned.

Ground of the Second Appeal:

Incomplete information received from the PIO.
Relevant Facts emerging during Hearing:

The following were present
Appellant : Mr. Kuldeep Yadav;

Respondent : Absent;

The PIO has given some of the information after order of the First Appellate Authority
but has not provided the following:

1- Copy of the MAP showing the area which has been encroached.
2- As regards details of compensation the PIO had stated that this information would be
with LAC.

The PIO is directed provide a copy of the MAP showing the areas which has been encroached
and transfer the RTI application to LAC who must provide the information about details of
compensation.

Decision:

The Appeal is allowed.

The PIO is directed to give the information on point-1 as described above to
the Appellant before 05 July 2010.

The PIO is also directed to transfer the RTI application with a copy of this order to
the PIO of LAC for providing the details of compensation to the appellant before
25 June 2010. The PIO LAC is directed to provide the information about the
compensation to the appellant before 25 July 2010.

The issue before the Commission is of not supplying the complete, required information by
the PIO and ADM within 30 days as required by the law.
From the facts before the Commission it is apparent that the 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.

PIO & ADM Old Middle School Complex, Rampura, Delhi – 110032 will present himself before
the Commission at the above address on 12 July 2010 at 3.00pm alongwith his written
submissions showing cause why penalty should not be imposed on him as mandated under
Section 20 (1). 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 the PIO is directed to inform such persons of the show cause hearing and direct
them to appear before the Commission with him.

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
16 June 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)

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