Central Information Commission Judgements

Mr. Shyam Budhiraja vs Mcd on 1 December, 2008

Central Information Commission
Mr. Shyam Budhiraja vs Mcd on 1 December, 2008
                   CENTRAL INFORMATION COMMISSION
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                                             Decision No. CIC /WB/A/2008/00472/SG/0360
                                                       Appeal No. CIC/WB/A/2008/00472/

Relevant Facts

emerging from the Appeal

Appellant : Mr. Shyam Budhiraja
5/18, W.E.A. Karol Bagh,
New Delhi – 110005

Respondent 1 : Mr.S.A.Z.Naqvi,
Asst. Commissioner (Karol Bagh)
Nigam Bhawan, D.B.Gupta Road,
MCD, Anand Parbat, Karol Bagh
New Delhi – 110005

RTI filed on : 01/10/2007 ID 1148
PIO replied : 07/11/2007
First appeal filed on : 19/12/2007
First Appellate Authority order : 10/12/2007
Second Appeal filed on : 23/03/2008

Information Sought: Information sought and received
Information sought Information provided by PIO
There are encroachments on entire portion of Action for removal of encroachment from
Tank Road (Both sides) from Ajmal Khan Ajmal Road to Saraswati Marg have been
Road upto Saraswati Marg. You are requested taken on 3/8/2007,
To kindly let use know what action has been 22/08/2007,26/09/2007,5/10/2007 and
taken to remove these encroachments. 15/10/2007.

Similarly action program has been fixed in
the said area for 30/11/2007.

The First Appellate Authority:

Not satisfied with the response appellant filed first appeal. The First appellate authority in his
order no.623 of 10/12/2008 stated, ” From a perusal of the records it is seen that the PIO has
submitted proper reply vide letter dated 7.11.2007. However, it appears that there is some
communication gap and accordingly the PIO is directed to furnish the requisite information in
respect of Tank Road instead of Ajmal Road to Saraswati Marg.”

Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Mr. R.S. Kataria, AO, Karol Baug Zone, MCD
The respondent has not given the reply so far, and the then PIO has retired.
The respondent has been warned not to neglect giving the answers to RTI queries.
Decision:

The Appeal is allowed.

The respondent is directed to provide the reply as per the First Appellate Authority’s order
before 10 December, 2008

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
1st December, 2008

(In any correspondence on this decision, mentioned the complete decision number.)