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Decision No. CIC/SG/A/2009/001987/5046
Appeal No. CIC/SG/A/2009/001987
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Pritam Singh
S/o Mr. Bhulan Singh
MPL No. 58A/2,
New 49-B, Vil. - Humayun Pur,
PO - Safdarjung Enclave, New Delhi- 29
Respondent : State Public Information Officer &
Addl. District Magistrate (S)
O/o the Dy. Commissioner (South)
M. B. Road, Saket, New Delhi.
RTI application filed on : 18/02/2009
PIO replied : 18/03/2009
First appeal filed on : 19/03/2009
First Appellate Authority order : Not Ordered
Second Appeal received on : 19/08/2009
S.No. Information Sought Reply of the PIO
1. Status and details of action taken on the application ofThe Information sought by the Appellant
Mrs. Chander Kanta, R/o 58A/2, New 49-B, pertained to July 2005 however it was
Humayunpur, Safdarjung Enclave, New Delhi – 110029 not specific whether the application for
dated 26/07/2005 for mutation of land. mutation was addressed to SDM or
Tehsildar. Moreover n diary no. had
been provided by the Appellant due to
which the downward movement could
not be found. Hence the office was
unable to provide the desired
information.
2. Status of the application dated 07/12/2005 and a No action had been taken.
reminder vide diary no. 734/The/HK dated 15/09/2006
of Mr. Pritam Singh.
3. Action taken details of application dated 05/04/2006 of As above.
Pritam Singh that he had submitted before Tehsildar,
Tehsil Hauz Khas. Also copy of all the notings and
complete file record.
4. Details of action taken by the concerned authorities on No reply to the legal notice had been
a legal notice served by M/s C. S. Prashar & Company made.
to the O/o Dy. Commissioner, South District, M. B.
Road, Saket, New Delhi – 110030. Also copy of
complete record, including the file noting.
5. Details of action taken on legal notice served by M/s As above.
Keshav Kaushik & Associates, Advocate, Supreme
Court of India on behalf of Chander Kanta, to Dy.
Commissioner, South District, Saket, New Delhi –
1100030 regarding mutation of land. Also copy of
entire records.
6. Details of action taken on application and reason for not The PIO made a reference of a case “Dr.
sanctioning mutation in respect of land admeasuring 3 D.V. Rao vs Depatt. Of Legal Affairs”
Biswas out of Khasra No. 48/10, within the Revenue where it was stated that it was not open
Estate of Village Humayun Pur, Tehsil Hauz Khas, to an Appellant to ask question to public
Mehrauli, New Delhi – 30 with attested copies. authority.
7. Request to take action against the PIO who failed to No Given.
give the information to the Appellant within the
stipulated time.
First Appeal:
Incomplete and unsatisfactory reply received from the PIO.
Order of the FAA:
Not ordered.
Ground of the Second Appeal:
Non-receipt of complete information from the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Pritam Singh
Respondent: Absent
The PIO has not given any information on query-1 of the Appellant stating that the Appellant has
not stated whether the application for mutation was addressed to the SDM or Tehsildar. He had
also stated that no diary number was provided by the applicant hence the movement was not
possible to trace. The Appellant has produced three papers given by him in this matter and the
Commission is attaching the photocopies with the order being sent to the PIO. The PIO is
directed to connect the papers relevant to this and provide the information on query-1 to the
Appellant.
Decision:
The Appeal is allowed.
The PIO will provide the information on query-1 to the Appellant before 30 October 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
06 October 2009
Encl.: Photocopies of three papers provided by the Appellant.
(In any correspondence on this decision, mention the complete decision number.)(GJ)