CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2009/001772/4792
Appeal No. CIC/SG/A/2009/001772
Relevant Facts
emerging from the Appeal
Appellant : Mr. Mehmood Pracha
Chamber No. 134 Patiala
House Courts Complex,
New Delhi-110001.
Respondent : The SPIO
Delhi Wakf Board
Govt. of NCT of Delhi
5028, Daryaganj, New Delhi-110002.
RTI application filed on : 16/02/2009
PIO replied : 18/03/2009
First appeal filed on : Not enclosed
First Appellate Authority order : 25/04/2009
Second Appeal filed on : 20/07/2009
Sr. No. Information sought PIO's reply
a) The list of Wakf properties as No any list of the Wakf properties as per
per the Gazette of Survey of gazette of survey of 1971 of the Wakf
1971 of the Wakf Properties properties within Govt. of NCT of Delhi
within GNCTD of Delhi which is available with Delhi Wakf Board as no
are mentioned as Wakf survey list of the Wakf properties was
properties published in 1971. However, the gazette
notification of the Wakf properties was
published in 1970 and supplementary
gazette w.e.f. April 1995 to July 1998
containing 636 pages was published. You
have to deposit Rs. 1272 in case you
required copies of the said gazette
notifications.
b) Whether any permanent Yes, Mr. Azimul had been appointed the
Survey Commissioner of Wakf Survey Commissioner (Wakf) by the
has been appointed or not for Govt. of NCT of Delhi, as per Section 4 of
the purpose of Survey of Wakf the Wakf Act, 1995.
as per section 4 of the Wakf
Act, 1995 and the present
status in this regard?
c) Whether all properties which The required information does not pertain
have been shown/mentioned as to this office. It pertains with the Office
Wakf properties/Graveyards of Survey Commissioner (Wakf) and
(Kabristan)/ Mosques etc. in Revenue Department Govt. of NCT of
revenue records of 1908 till Delhi.
date and the Wilson Survey but
have not been listed in last
Wakf Gazettee notification of
properties or not
d) If there are such properties – The required information is not available
which have been with Delhi Wakf Board.
shown/mentioned as wakf
properties in successive
revenue records from 1908 till
date and The Wilson Survey
but have not been listed in last
Wakf Gazette notification as
Waqf Properties, the details of
the same.
All such properties with their
proper revenue records,
address and municipal
addresses.
e) After Partition, the details of Not answered
efforts made by the
Government to identify the
Wakf properties?
f) The status of all the Wakf The required information is not available
properties taken over by with Delhi Wakf Board.
custodian/ Ministry of
rehabilitation from the persons
who migrated to Pakistan
during or after partition of
1947.
g) The list of all the properties The list of the Wakf properties registered
registered as Wakf properties with the Sub-Registrars is not available
with the Wakf Property with Delhi Wakf Board.
registration authorities like Sub
Registrar, Delhi etc.
Grounds for First Appeal:
Not enclosed with file.
The First Appellate Authority ordered:
N.A
Grounds for Second Appeal:
N.A
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Mehmood Pracha
Respondent: Mr. Mohammad Arif (PIO)
The Appellant wants the details of the notified Wakf properties which have been shown
as Wakf properties to revenue records of 1908 till date. He also wants details of number
of Wakf properties taken over by the custodian of the Ministry of Rehabilitation of the
persons who migrated to Pakistan. He has also sought the list of all properties listed as
wakf properties with Wakf Property Registration Authority like Sub-Registrar etc.
The PIO claims that this information is not available with him but may be available with
the office of the Divisional Commissioner/Secretary-Revenue or with of the office of the
Survey Commissioner (Wakf). None of these authorities have provided any information
to the Appellant. The Appellant contends that this information is available with the Delhi
Wakf Board as well as other two offices. In this case the Commission directs all three
PIOs to provide the information to the Appellant. In case the information is not with
them, they will send a certificate to that effect to the Appellant.
Decision:
The appeal is allowed.
All the three PIOs, S.P.I.O/ADM (HQ/Office of the Divisional Commissioner/Secretary
Revenue), S.P.I.O (Office of the Survey Commissioner/Wakf/ Govt. of NCT of Delhi),
SPIO (Delhi Wakf Board/ Govt. of NCT of Delhi) will send the information or the
certificate described above to the Appellant before 30 September 2009.
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
14 September,2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)
Cc: 1. The S.P.I.O/ADM (HQ),
Office of the Divisional Commissioner/
Secretary Revenue,
(Govt. of NCT of Delhi),
5, Sham Nath Marg,
Delhi-110054
2. The S.P.I.O.,
Office of the Survey Commissioner (Wakf),
(Govt. of NCT of Delhi),
5, Sham Nath Marg,
Delhi-110054