CENTRAL INFORMATION COMMISSION
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Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002561/5703
Appeal No. CIC/SG/A/2009/002561
Relevant Facts
emerging from the Appeal
Appellant : Mr. R. D. Mishra
251 – D, Pocket – J & K,
Dilshad Garden, Delhi – 110095.
Respondent : Mr. K.C.Meena
Public Information Officer & AC
Municipal Corporation of Delhi
O/o the Dy. Commisioner
South Zone, near Uphar Cinema,
Green Park, New Delhi - 110016.
RTI application filed on : 10/06/2009
PIO replied : 28/07/2009
First appeal filed on : 27/08/2009
First Appellate Authority order : Not ordered
Second Appeal received on : 09/10/2009
Notice of Hearing sent on : 16/10/2009
Information Sought:
Number of tehbazari alterations which were done during the period 1-4-2005 to May 2008 (such
as change of names, place, shifting from one locating to another location) in South Zone general
branch by using Tehbazari website of South Zone, MCD Office in the computer. Request to
inspect the concerned record.
Reply of the PIO: (After the first Appeal filed)
After verification from M/s ECIL/SARK, it came to knowledge that the Tehbazari alteration
(Such as names, place, shifting from one location to other location) can be done by zonal Admin.
Officers only by using their user ID & password except amount. Amount can also be rectified by
the zonal tehhbazari head. The user ID & password has been provided to them (Zonal AO’s),
since beginning i.e. 2004. Therefore, the information regarding any charges to Tehbazari of
south zone can only be given by Admin Officer/South Zone.
First Appeal:
Non-receipt of information from the PIO within the stipulated time.
Order of the FAA:
Not ordered.
Ground of the Second Appeal:
Non-receipt of proper information from the PIO and the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent;
Respondent : Mr. K.C.Meena, Public Information Officer & AC;
The Appellant has sought details of the alteration and changes made in the Tehbazari
records of MCD. The Tehbazari is an official license to Squat and sell goods on the 6 feet X 4
feet space in a particular location. This is recognized right which provides livelihood to various
poor people. The Appellant has sought details of changes or alteration made in the Tehbazaries
from 01 April 2005 to May 2008. This is an important information since the Tehbazari rights
indicates who can authorize these Squat and earn their livelihood by selling goods. The PIO has
stated that since the system is now online and computerized the changes in Tehbazari such as
change in names or any details is not known to MCD. This is a very scandalous state of affairs
since the implication is that people who have been authorized to Squat and earn their livelihood
may be dispossessed by any person authorized to make changes in the records with no trace of
when the changes were made or who made the changes. The Commission has also notices in
other cases that whenever papers records have been kept of Tehbazaries thousands of files are
claimed to be missing. Now it appears that in the grab of computerizing records a system has
been designed, to leave no trace of unauthorized people being given Tehbazari and authorized
people been dispossessed of their rights. If this is true this appears to be a design for a complete
scandal.
The Commission directs Additional Dy. Commissioner (IT) Dr. Patnaik to look into this and
inform the Commission and the Appellant about this before 10 December 2009. The implication
of what the PIO has admitted is that very important records which affect the livelihood of
thousands of poor people who had been given their right to sell their goods on the authorized
sites are been scandalously altered by a system which leaves no trace of the earlier records.
Decision:
The Appeal is allowed.
The Commission directs Additional Dy. Commissioner (IT) Dr. Patnaik to look into this
and inform the Commission and the Appellant about this before 10 December 2009. The
implication of what the PIO has admitted is that very important records which affect the
livelihood of thousands of poor people who had been given their right to sell their goods on the
authorized sites are been scandalously altered by a system which leaves no trace of the earlier
records.
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
26 November 2009
(In any correspondence on this decision, mention the complete decision number.)
CC:
To, Additional Dy. Commissioner (IT) Dr. Patnaik through Mr. K.C.Meena, Public Information
Officer & AC.