Mr. Sanjay Gupta vs Govt. Of Nct Of Delhi on 27 November, 2009

                   CENTRAL INFORMATION COMMISSION
                    Club Building, Opposite Ber Sarai Market,
                      Old JNU Campus, New Delhi - 110067.
                              Tel: +91-11-26161796

                                                    Decision No.CIC/SG/A/2009/002578/5729
                                                          Appeal No. CIC/SG/A/2009/002578

Appellant                                  :       Mr. Sanjay Gupta,
                                                   Jhugggi No. 1, Near B-39,
                                                   Karampura,
                                                   New Delhi-110015.

Respondent                                 :       Public Information Officer
                                                   Public Works Department
                                                   (Allotment-II, Branch)
                                                   Govt. of NCT of Delhi
                                                   B-Wing, 5th Floor, Delhi Secretariat,
                                                   I.P Estate,
                                                   New Delhi-110002

RTI application filed on                   :       17/06/2009
PIO replied                                :       16/07/2009
First Appeal filed on                      :       18/08/2009
First Appellate Authority order            :       01/09/2009
Second Appeal Received on                  :       15/10/2009
Notice of Hearing Sent on                  :       24/10/2009
Hearing Held on                            :       27/11/2009

Appellant sought information regarding unauthorized occupancy of Govt.'s flats. As he
mentioned in First Appeal, he had objection on following points out of 10:
 S.No                  Information Sought                                PIO's Reply
 4.    Whether these officials have been facilitated by Information           sought  by     the
       Govt.'s facility in case of illegal occupation of the Appellant is not clear. Appellant
       flats by them after retirement. Reply in 'yes' or was asked to make clear what
       'no'.                                                 information he sought.
 5.    Provide list of names of colony with House No. As S.No.-4
       and days for how long those officials have been
       occupied illegally.
 6.     Name of the officials, to whom facilities are Information not available.
       provided by the Govt. even in the case of illegal
       occupation, with House no. and name of colony.
 8.    Inform numbers of officials working under Govt. Cases regarding encroachment are
       of Delhi and Delhi Administration who have made pending to different Officers
       encroachment on Govt.'s House and land.               (Resources)      against  different
                                                             allottee (about 429).
 9.    Number of Colony, Quarter given to Corporation Information not available.
       or other bodies. Whether rant of all those had been
       paid till March of 2009. Provide names of quarters
       of which rant was not paid. Provide with their
       departments and for how long rant was not paid,
           Quarter no., and name of colony.
 10.      Photocopy of all orders and rules/regulations and Not  concerned                            with    this
          term conditions for unemployed people living at department.
          Jhuggi after making themselves.

PIO's Reply:
Application was transferred on 22/06/2009 to the Respondent mentioned above by Chief
Secretary, IP Estate, New Delhi-110002

Grounds for First Appeal:
Requisite information not provided. Question number 4, 5, 6, 8, 9, and 10 were not replied or
replied wrongly.

Order of the First Appellate Authority:
FAA stated that Question no. 4 onwards basically relates to unauthorized occupancy of Govt.
quarters built at Karampura, Delhi. As PWD did not own any residential Govt. complex of
general pool at Karampura, FAA mentioned that enquired the position from Sh Piyush Sharma,
Joint Labour Commissioner, GNCTD and he informed that in 1950's and 60's the labour
Department, GNCT had built certain flats/houses for industrial workers at Karampura, Jhimil and
Giri Nagar, Kalkaji areas under the Subsidized Housing Scheme of allotment to industrial
workers. Later on in under course these flats were handed over to MCD by the Labour
Department.
Appellant was advised to get the requisite information from the Labour Department of GNCTD
directly if he was interested to do so. Copy of FAA order was forwarded to the Joint Labour
Commissioner, GTNCTD with the request to provide the relevant information to the Appellant,
if he approaches him in this regard.

Grounds for Second Appeal:
RTI Application transferred wrongly. Information was not provided.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Sanjay Gupta;

Respondent: Absent;

The information sought by the Appellant is not available in the consolidated manner with
the Government at any one place as per his admission. The Appellant claims that he expects the
Chief Secretary of Delhi to collect the information and give it to him. The Appellant is advised to
apply with the different department separately.

Decision:

The appeal is disposed.

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
27 November 2009
(In any correspondence on this decision, mention the complete decision number.)