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Decision No. CIC/SG/A/2010/000220/7089
Appeal No. CIC/SG/A/2010/000220
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Suresh Gulati,
46, Hemkunt Colony,
Greater Kailash -I,
New Delhi-110048.
Respondent : Mr. A. K. Mittal
Public Information Officer & SE-I
Municipal Corporation of Delhi.
O/o Superintending Engineer (C)-I,
Central Zone, Lajpat Nagar,
New Delhi-110024.
RTI application filed on : 17/08/2009
PIO replied : 07/09/2009
First appeal filed on : 16/09/2009
First Appellate Authority order : 30/10/2009
Second Appeal received on : 19/01/2010
Date of Notice of Hearing : 04/02/2010
Hearing Held on : 09/03/2010
Information Sought (in relation to property no I 124, Lajpat Nagar, New Delhi).
a) Copy of the letter submitted by the owner Mr Chanderpal for de-sealing of the property in
2006.
b) Copy of MCD’s response to the above mentioned letter.
c) Copy of file notings “in respect of the excess coverage of the said property and the date when
it was noted and booked”. Whether the excess coverage was noted floor wise. Whether any
notice was issued and the copies of the same.
d) Copy of the letter submitted by Mr Sunil Taneja/Mr Sachin Singhal for re-development of the
property in 2008. Whether it was sanctioned, copy of the letter along with file notings and the
reasons for not sanctioning the plan and the file notings as well.
e) “Copy of file notings in respect of letter dated 14/05/2009 wherein the Appellant has
submitted details of the court cases pending in respect of the above property and action taken
after the receipt of the letter”.
f) Copy of the letter submitted Mr Sachin Singhal for de-sealing the property and the file notings.
Copy of the order which allowed de-sealing of the property as well as the file notings of the
same.
Reply of the Public Information Officer (PIO)
Information could not be provided to the Appellant u/s 8 (d) (e) (g) and (j) of the RTI Act.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA concurred with the PIO about denial of information u/s 8 (d) (e) (g) and (j) of the RTI
Act.
Grounds for the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Suresh Gulati;
Respondent: Mr. Dinesh Kalra AE on behalf of Mr. A. K. Mittal, PIO & SE-I;
The PIO has refused to give information since the third party had objected. The First
Appellate Authority upheld the third party’s objection based on Section 8(1) (d),(e), (g) & (j) of
the RTI Act. No reasons have been advanced to show how the exemptions would apply in the
instant matter. The PIO must also realize that as per Section 19(5) the onus for denial of
information is on him. It is obvious that none of the exemptions would apply in the instant matter
and the PIO is not able to give any justification for applying the exemptions. The PIO is warned
to ensure that he must given reasons for denying information under Section 8(1) failing which it
will attract the penal provisions of the Section 20(1) of the RTI Act.
Decision:
The Appeal is allowed.
The PIO is directed to give the complete information to the Appellant before 30 March
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
09 March 2010
(In any correspondence on this decision, mention the complete decision number.)(RR)