Central Information Commission Judgements

Mr.Naresh Kumar Choubey vs Mcd, Gnct Delhi on 18 August, 2010

Central Information Commission
Mr.Naresh Kumar Choubey vs Mcd, Gnct Delhi on 18 August, 2010
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                   Decision No. CIC/SG/A/2010/001900+002012/9019
                                                          Appeal No. CIC/SG/A/2010/001900+002012
Relevant Facts

emerging from the Appeal

Appellant : Mr. Naresh Kumar Choubey
LG-10, Lusa Tower Complex
Azad Pur, New Delhi-110033

Respondent : Mr. Sanjay Malik
Deemed Public Information Officer & Executive Engineer
O/o the Executive Engineer (M-III)
Municipal Corporation of Delhi
Civil Lines Zone, 16, Rajpur Road,
New Delhi-110054

RTI application filed on : 25/03/2010
PIO replied : 22/04/2010
First appeal filed on : 31/05/2010
First Appellate Authority order : 08/06/2010
Second Appeal received on : 08/07/2010
S. No Information Sought Reply of the PIO

1. Please provide information regarding the status of The said market was constructed by
LSC market G-Block, Jahangir Puri ward no. 16 DDA slum & handed over to MCD in
the year 1987 for maintenance services
only.

2. Please provide information whether the said market is It is situated on Govt. land.

situated on a private land or it is a Govt. (MCD) land.

3. Please provide the no. of shops which were actually There are 60 shops.

built in the initiation i.e. starting of said local
shipping center

4. Please provide no. of shops which were built 60 shops were built.

5. Please provide information in the following format Allotment of shops in LSC’s Jahangir
regarding said LSC, market G-Block, Jahangir Puri Puri is being done by slum & JJ Dept.
ward No. 16 as follows. Hence pertains to slum & JJ Dept.

6. Please mention as to how many shops out of total Pertains to slum & JJ Dept.
shops have been under the illegal/unauthorized
possession of the land mafia.

7. Please provide name of J.E/AE/SE/DC under whose As above
time/tenure the said shops have been occupied
illegally.

8. Please provide name of J.E/AE/SE/DC who are As above.

responsible for the said authorized possession of land
mafia.

9. Please provide the information whether the Deputy Doesn’t pertain to EE(M-III)
Commissioner of Civil Line Zone has been informed
the fact of the said construction.

10. Please provide the name, post and address of the First First Appellate Authority is DC/CLZ,
Appellate Authority. Address: IIIrd floor 16 Rajpur road.
Grounds for the First Appeal:

Unsatisfactory information provided by the PIO.

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

Grounds for the Second Appeal:

Unsatisfactory information provided by the PIO.

Relevant Facts emerging during Hearing:
The following were present:

Appellant: Mr. Naresh Kumar Choubey;

Respondent: Mr. Sanjay Malik, Deemed Public Information Officer & Executive Engineer;

The deemed PIO has provided information after the order of the First Appellate Authority (FAA).
The PIO had initially stated that query-6 related to the Slum & JJ Department the same information has
been provided after the order of the FAA also. The deemed PIO states that the responsibility for
transferring the RTI application was with the PIO/SE Mr. Rajendra Prasad, as deemed PIO can only
provide information on matter being held by him. The Commission directs the PIO Mr. Rajendra Prasad
to transfer the RTI application immediately to PIO Slum & JJ Department who should provide the
information to the appellant before 10 September 2010.

Decision:

The Appeal is allowed.

The PIO Mr. Rajendra Prasad is directed to transfer the RTI application alongwith this
order immediately to PIO Slum & JJ Department.

The PIO Slum & JJ Department is directed to provide the information to the appellant
before 10 September 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
18 August 2010
(In any correspondence on this decision, mention the complete decision number.)(VN)