Central Information Commission Judgements

Mr Tanjim Ahamad vs Slum And J.J. Department Mcd on 10 February, 2010

Central Information Commission
Mr Tanjim Ahamad vs Slum And J.J. Department Mcd on 10 February, 2010
                 CENTRAL INFORMATION COMMISSION
                  Club Building, Opposite Ber Sarai Market,
                    Old JNU Campus, New Delhi - 110067.
                            Tel: +91-11-26161796

                                                 Decision No.CIC/SG/A/2009/003151/6770
                                                       Appeal No. CIC/SG/A/2009/003151

Appellant                                   : Mr Tanjim Ahamad
                                              774, Ballimaram,
                                              Delhi-110006.

Respondent                                  : Public Information Officer
                                             Slum and J.J. Department MCD
                                             Room No. 8, Punarvas Bhavan,
                                             I.P. Estate,
                                             New Delhi-110027

RTI application filed on                    : 21/08/2009; & 11/11/2009
PIO replied                                 : 17/09/2009
First Appeal filed on                       : 06/10/2009
First Appellate Authority order             : 26/10/2009 & 01/12/2009
Second Appeal filed on                      : 11/12/2009
Notice of Hearing Sent on                   : 09/01/2010
Hearing Held on                             : 10/02/2010


     Information sought                           PIO's reply
1.   How many guest house are provided            10 guest houses are available as provided by
     from property of MCD to Slum and J.J.        property department. On demands upto
     Department in Delhi and from                 31/08/1999, department. issued demand
     01/01/2009 how many guest houses             notice on date 08/11/2000 now department
     supplied by demand notice and on which       update the previous demands and issued
     date, Give details with name and address     update demands after 01/01/2009 in
                                                  remaining guest house.
                                                   enclose the name of guest house with
                                                  address.
                                                  demand notice will be send to remaining
                                                  guest house.

2.   Who is the owner of Property no. (776        owner of Property no. (776 to 781) ward no.
     to 781) ward no. 6; since when; when         6 is Rehabilitation Ministry, Govt of India
     was the property purchased and from
     whom?
3.   The letter no 01/06.2009 issued by           Department conduct the serve in 1996. on
     Slum and J.J. Department which               the basis of serve report, damages are
     describe the damages from 1984. the          imposed on basis of the misuse of land. the
     letter issued under which policy give the    documents are enclosed.
     copy of such policy and give details of
       who and when policy pass, is the policy
      is finalized or the amending process is
      going on . give the copy of documents
      concerning the above mention question.
4.    How and through whom give the On the basis of survey conducted by
      information that there is guest house on Department in 1996.
      property no 774/VI give the details and
      copy of documents.

Grounds for First Appeal: .
Appellant not satisfied with the reply given in respect of point no. 1 & 4.

Order of the First Appellate Authority:
P.I.O. was directed to give the required information as per the appeal to the satisfaction of the
appellant within 15 days.
 The FAA has recorded on 01/12/2009 that the information has been provided and the
appellant is satisfied with it.
Grounds for Second Appeal:
 PIO despite the specific direction by the First Appellate Authority has failed to provide
complete and clear information about:

From when Rehabilitation Ministry, Govt of India is owner of Property no. (776 to 781) ward
no. 6 and from whom & when the property purchased. Give the copy of concerned
documents.

Relevant Facts

emerging during Hearing:

The following were present
Appellant: Absent
Respondent: Mr Abdul Dayyan on behalf of the PIO Mr. Y P Rawal (director,
Administration).

The PIO claims that he has given all the information. However, the Commission directs the
PIO to once again give the information on “when Rehabilitation Ministry, Govt of India is
owner of Property no. (776 to 781) ward no. 6 and from whom & when the property was
purchased. Give the copy of concerned documents.”

Decision:

The appeal is allowed.

The PIO is directed to give the information to the Appellant within 20 February 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
10 February 2010