CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/002348/9631
Appeal No. CIC/SG/A/2010/002348
Relevant Facts
emerging from the Appeal
Appellant : Mr. Narendra Pal Kashyap
A-48, Shyam Colony, Budh Vihar,
Ph-II, New Delhi.
Respondent : Mr. Pramod Kumar
Public Information Officer & SDM (Patel Nagar)
Govt. of NCT of Delhi
O/o the Dy. Commissioner (West)
Old Middle School Building, Rampura,
Delhi - 110035.
RTI application filed on : 03/05/2010
PIO replied : Not replied
First appeal filed on : 07/06/2010
First Appellate Authority order : Not enclosed.
Second Appeal received on : 20/08/2010
Information Sought:
1) Name of the colonies which were unauthorized and later authorized by Delhi Government along with
Khasra No. where those colonies had been inhabited, the date on which the colonies were approved and
copy of the order in this regard.
2) Area of all colonies which had been approved.
3) Details of area of gram sabha which fell into unauthorized colony of Basai Darapur Village along with
Khasra No. of Shamlal Patti.
4) Name of the departments which owns the land which was under Gram Panchayat of Basai Darapur Village
along with Khasara No. and total area. Details of khasra which had been possessed by Land Grabbers.
5) Whether the departments had paid the compensation during the acquisition of land of Gram Sabha of said
village. If yes, then details of payment including date on which compensation was paid, mode of payment.
6) Name of the department which had been given the land of Shamlal Patti during the authorization of
unauthorized colony of the said village and whether the department had been given the said land under the
approved scheme. If not then whether the said land was private or belonged to the government. Whether the
said land had been possessed illegally. If yes, then the date by which the said land will be freed from illegal
possession.
7) Name of the road which goes from Najafgarh Road towards Tyagi Maket of Basai Darapur and whether the
said road was approved. If yes, then copy of the relevant documents and the date on which the same was
approved. Whether the road was named after any freedom fighter. If not then the Appellant requested to
rename the road and reconstruct the same according to the approved map.
8) The date on which the land notification was issued and details of the land which had been given to the
different department along with khasra No. and total area.
9) Whether the land which was earmarked for public facilities in the authorized colony of the said village was
being utilized for the same purposes. If not, then the date by which it will be ensured that the land will be
used according to its purpose.
Reply of the PIO:
Not replied.
First Appeal:
Non-receipt of information from the PIO within the stipulated time.
Order of the FAA:
Not enclosed.
Ground of the Second Appeal:
Non-compliance of the FAA’s order by the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Narendra Pal Kashyap;
Respondent: Mr. P.C. Sahoo, Tehsildar and Mr. Surender Kumar, Kanoongo representing Mr. Pramod
Kumar, Public Information Officer & SDM (Patel Nagar);
The appellant states that no information has been provided to him.
Decision:
The Appeal is allowed.
The PIO is directed to give the information to the appellant before 20 October 2010.
The issue before the Commission is of not supplying the complete, required information by the PIO
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. He has further refused to obey the orders of his superior officer, which raises
a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has
clearly ordered the information to be given.
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.
He will present himself before the Commission at the above address on 29 November 2010 at 11.00am
alongwith his written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He will also bring the information sent to the appellant as per this decision
and submit speed post receipt as proof of having sent 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
05 October 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)