In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001768
Date of Hearing : September 26, 2011
Date of Decision : September 26, 2011
Parties:
Applicant
Shri Suresh Kant Soni
E258, Greater Kailash=1
New Delhi - 110 048.
Applicant was present.
Respondent(s)
Department of Delhi Archives
18A, satsang Vihar Marg
Spl. Institutional Area
New Delhi.
Represented by : Shri Girish Pandey
Shri Akash Mohapatra
Shri Sanjiv Pandey, PIO
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001768
ORDER
Background
1. The RTI Application dated 8.4.11 was filed by the Applicant with the PIO, Delhi Archives, seeking
information in respect of a Sale Deed of property bearing No. E 258 Greater Lao;asjI, New Delhi
which was registered on 2.3.1981 vide Registration No. 930 in Book No.1 Vol No. 4434, including a
copy of the document. He sought the status of the sale deed and certified copy of the said Sale
Deed and also wanted to know whether the Sale Deed has been registered or not, The PIO replied
on 24.5.11 providing point wise information and also stating that the Department is only the
custodian of the records transferred from Sub Registrar Office and that the Department cannot
ascertain whether the said Document has been registered or not since it is not pasted in the Volume
No. 4434. Hence they are not in a position to provide the copy of the document. The Applicant, not
satisfied with the reply, filed his first appeal on 25.5.11. The Appellate Authority vide his letter
dated 21.6.11 informed the Applicant that it is apparent from his query that the sale deed has been
registered on 2.3.1981 vide Regn No. 930 in Book No.1 Volume No. 4434 at pages 97 to 102.
Accordingly his first two queries are self answered. However for the SR III to confirm the same he
needs to have a look at the document. He therefore stated that Appellant will have to go through
the prescribed procedure as given the Indian Registration Act for obtaining the copy of the same.
The Appellant being aggrieved with this reply filed second appeal before the Commission requesting
for the copy of the document.
Decision.
2 . During the hearing the Respondent from the Department of Archives produced before the
Commission the Vol.No.4434 of Book no. 1 which is available with them containing the pasted
records of various properties, which have been archived while pointing out that the pasted
documents of properties are available till pages 92 and after that from pages 103 onwards and that
the pages 92 to 102 are missing . He concluded that these pages have not been pasted in the
Volume 4434 available with him. When questioned as to where information about the documents
can be located, the Respondent from the Delhi Archives stated that these documents may be
available with the Sub Registrar’s Office (3). The Representative from the Sub Registrar Office (3)
who was also present during the hearing informed the Commission that the only information that is
available with them is a reference to the Registration of the property E 258, Greater kailash I, New
Delhi in the Index register of Book I . He admitted that from this register it is evident that a property
had indeed been registered in GKI. However, according to the Respondent it is not possible to
ascertain the details of the property from the Index Register. He also stated that there is very little
likelihood of pages 97 to 102 being pasted in some other Volume other than Volume no. 4434.
since pages are pasted in a serial order.
3. After hearing both sides, the Commission noted that it is not possible to authorize supply a copy of
the sale deed to the Appellant since no information other than that in the Index Register is available
with the Public Authority. However, in the interest of the Appellant the Commission recommends
that the matter of the missing sale deed be enquired into based on the evidence available with the
Public Authority with regard to existence of such a document and also based on any documents
furnished by the Appellant under cover of an affidavit affirming the genuineness of those documents,
with the objective of exploring the possibility of providing a duplicate sale deed to the Appellant.
4. The appeal is accordingly disposed of and the case directed to be closed.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Suresh Kant Soni
E258, Greater Kailash=1
New Delhi – 110 048.
2. The Public Information Officer
Department of Delhi Archives
18A, satsang Vihar Marg
Spl. Institutional Area
New Delhi.
3. The Appellate Authority
Deputy Commissioner (Central)
14, Daryaganj
New Delhi - 110 002.
4. Sub RegistrarIII
Office of the Sub Registrar III
4/7 Asaf Ali Road
New Delhi - 110 002.