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Decision No. CIC/SG/A/2010/001918/9258
Appeal No. CIC/SG/A/2010/001918
Relevant Facts
emerging from the Appeal
Appellant : Mr. S.P. Goyal
Nav Vihar Dhara Kalyan Samiti
1439/9, Purani Kachhari,
Kashmere Gate, Delhi – 110006
Respondent : Mr. Om Prakash
Deemed PIO& BDO (NW)
Government of NCT of Delhi
BDO Office Complex, Alipur,
District North-West, Kanjhawala,
Delhi — 110081.
RTI application filed on : 10/12/2009 PIO replied : 08/03/2010 First appeal filed on : 06/05/2010 First Appellate Authority order : 26/05/2010 Second Appeal received on : 10/07/2010 Sl. Information Sought Reply of the Public PIO
1. Details of the names of owners of the allocation of No authorized list is available in the office.
plots by the Begum Pur Gram Sabha in 1985.
2. Whether the time limit of the lease period can be In view of the above, it would not be proper to
extended or not say that the time limit of the lease period was
extended or not.
3. If the lease period was not extended, the status of the No such information is available in this office.
land of the Village of Begumpur.
4. Status of the land on which the building has not been No such survey or order has been passed by
erected. this office. Hence no information available.
5. Whether there is any provision to allocate the No provision under the jurisdiction of this
ownership of the land after taking the proper amount office exists of this sort.
by the Government.
6. Whether the allottee can sell their plot of land and No plot can be sold or purchased.
whether the buyer can have that under his name
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO
Order of the First Appellate Authority (FAA):
On perusal of records, it is found that PIO/SDM(SV) has stated that the record of the allotted land is not
there in BDO (NW) office. PIO/SDM (SV) is directed to furnish information to the appellant within 21
days under intimation to this office after taking it from BDO(N W)/BDO (HQ).
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Grounds for the Second Appeal:
No information provided by the PIO
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. S.P. Goyal;
Respondent: Mr. Om Prakash, Deemed PIO & BDO (NW); Mr. Raj Pal Singh, Panchayat Secretary
(Begumpur Village);
The deemed PIO Mr. Om Prakash admits that there are 321 allottees of the Gram Sabha land and
he states that there is no list of these. However he states that Land Record Receipts -37 are available by
which it can be identified as to how the allottees are. So far no information has been provided to the
appellant inspite of the order of the FAA Mr. D. P. Dwivedi Dy. Commissioner (NW). The BDO Mr. Om
Prakash states that the public authority run completely inefficiently and he does not get communication
issued by the First Appellate Authority. He states that since he has located at a distance of 18 Kilometer
and hence some communications are not received when issued by the Office of the Dy. Commissioner.
This is admission of a very serious lapse and the Commission directs the Dy. Commissioner (NW) to
ensure that all the communications are sent to the BDO which are addressed to him. The Dy.
Commissioner (NW) will send proof to the Commission before 20 September 2010 that his order was
served to the BDO. After this the Commission will take further action under Section 20(1) of the RTI Act
to fix responsibility for the delay in providing the information.
Decision:
The Appeal is allowed.
The Commission directs Deemed PIO Mr. Om Prakash to provide attested
photocopies of all the LR-37 receipts of the allottees free of cost to the appellant before 20
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
07 September 2010
(In any correspondence on this decision, mention the complete decision number.)(YM)
CC:
To,
Dy. Commissioner (NW) through Mr. Om Prakash, BDO;
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