CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000454/7834
Appeal No. CIC/SG/A/2010/000454
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Naresh Kumar
21-A, Garodia Market,
Khari Bawli,
New Delhi-110006.
Respondent : Mr. Ashish Mohan
Public Information Officer & SDM
Government of NCT of Delhi.
BDO Office Complex,
Alipur, Narela,
Delhi-110036.
RTI application filed on : 19/08/2009
PIO replied : 27/11/2009
First appeal filed on : 10/10/2009
First Appellate Authority order : 27/11/2009
Second Appeal received on : 08/02/2010
Information Sought
1) Geographical location of Pehladpur Banger Village khasra no. 58/15.
2) Total rakba of the Village with the details of current ownership of the land including the
details of people to whom the land has been transferred.
3) Whether or not the land ( khasra no. 58/15 of Pehladpur Banger Village) has been
acquired by the Government? If yes then what is the current status of the compensation
given for it with details of persons compensated and the amount given to them.
4) Whether it is true that the above mentioned piece of land had been sold to Mr. Naresh
Kumar by Mr. Surajmal, Mr. Raj Singh, Mr. Ashok Kumar and Mr. Madan Lal, the
Registry (dated- 12/09/1989) of which was made with the Sub Registrar.
5) Information regarding the delay of compensation to be given to Mr. Naresh Kumar being
the owner of the land in question and what is the stipulated time by when the
compensation would be made in the future.
6) What are the rules and procedures to be followed by the Appellant to get himself
registered as the owner of the land ( khasra no.58/15 of Pehladpur Banger Village) and
for bestowing the ownership rights in him.
Reply by the PIO
(Reply received after filing the First Appeal)
1) “As per record Kh. No. 58/15(4-16)of Village Pehladpur Banger has been acquired vide
award no. 6/2005-06.
2) Total area of the land in question is 4 bigha and 16 biswa, which has been acquired and
possession has been handed over to the DDA on 31/08/2005.Details of ownership can be
obtained from the concerned revenue office. Hence the application was forwarded to
PIO/SDM (Narela).
3) The reply of the PIO was in affirmative with respect to query no.3. Details of
compensation were also given.
4) Application was transferred to PIO/SDM (Narela).
5) Compensation paid to the owners registered in the NM record.
6) The aggrieved party may approach the appropriate court.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
Information sought at sr. no. 2 & 4 falls under the jurisdiction of PIO/SDM Narela hence the
application is forwarded to PIO/SDM Narela.
Grounds for the Second Appeal:
Non compliance of orders of FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Naresh Kumar;
Respondent : Mr. Deepak, Naib Tehsildar on behalf of Mr. Ashish Mohan, PIO & SDM;
The Respondent shows that the information has been sent to the appellant on 22/05/2010.
A copy of the information sent on 22/05/2010 has been given to the Appellant before the
Commission.
Decision:
The Appeal is allowed.
The information has been provided to the Appellant.
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. 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 18 June 2010 at 4.30pm
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
24 May 2010
(In any correspondence on this decision, mention the complete decision number.)(BS)