CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002422/9785
Appeal No. CIC/SG/A/2010/002422
Relevant Facts
emerging from the Appeal
Appellant : Mr. Surender Kumar
B-45, MCD Flat
New Usmanpur
Delhi-53
Respondent : Public Information Officer & ADC (Eng)
Engineering Department
Municipal Corporation of Delhi
Town Hall, Chandni Chowk,
Delhi
RTI application filed on : 24/05/2010
PIO replied : 25/06/2010
First appeal filed on : 30/06/2010
First Appellate Authority order : No order
Second Appeal received on : 31/08/2010
Information Sought:
The RTI application was filed with the PIO Land & Estate:
1. What work did the Land And Estate Department do for the workers union that had 9774 files.
2. According to the letter dated 19/03/2010 what all steps had been taken by the Land And Estate
Department.
3. On the bases of the Land And Estate Department the Additional commission(revenue) what action
had been taken.
4. Give the information about the land that had been received for the maintenance purpose by the
Government agency.
5. In the Shakti Nagar area how many plotted acres have been leased. Give the copy of the details.
6. According to the Land And Estate Department give the information about the empty land/plots.
7. What work had been done in response to the letter given to the department.
8. What work had been taken by the Vet nary department for the street dogs.
9. What work had been done by the Delhi department and the Government Loan Agency about the
non-housing workers society. Work were the process of getting the loan.
10. What all land had been acquired by the Village Community agency.
11. Give the details of the action taken for the empty land which were illegal.
12. Give the details of the following :-
(a) To the License department of the letter no. D-48 dated 07/11/2010.
(b) To the Environment department of the letter no. 224 dated 11/01/2010.
(c) To the Mayor of letter no. 9 dated 13/01/2010.
(d) To the Deputy Mayor of letter no. 2215 dated 1913.
(e) To the Minister of letter no. 1095 dated 29/04/2010.
13. What did the minister Mr. Ajay Makan do for the urban development.
Reply of the Public Information Officer (PIO):
PIO Land and Estate transferred the RTI Application to ADC Engineering on 23/06/2010.
Grounds for the First Appeal:.
Unsatisfactory and incomplete information provided by the PIO.
Order of the First Appellate Authority (FAA):
No order.
Grounds for the Second Appeal:
Unsatisfactory reply of the PIO.
Relevant Facts emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a perusal
of the papers it appears the no information has been provided to the appellant.
Decision:
The Appeal is allowed.
The PIO is directed to give the information to the appellant before 10 November
2010. He is also directed to obtain the information from other officers if necessary and
provide it to the appellant.
The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1) before 15 November 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
15 October 2010
(In any correspondence on this decision, mention the complete decision number.)(AM)