CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/002462/5603
Appeal No. CIC/SG/A/2009/002462
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Tilak Raj Batra
House No. 7/29, Tilak Nagar,
New Delhi.
Respondent : Mr. K.C.Meena
Public Information Officer & SE-II
Municipal Corporation of Delhi
O/o the Suptd. Engineer-II,
West Zone, Vishal Enclave,
Rajouri Garden, New Delhi.
RTI application filed on : 06/07/2009
PIO replied : 06/08/2009
First appeal filed on : 19/08/2009
First Appellate Authority order : No order.
Second Appeal filed on : 01/10/2009
Information sought:
Photocopies of COD Form and the sanctioned Building Plan for the year 1971-72 and 1986 from
MCD file no.991/B/77 dated 08/12/71 Correspondence/West Zone dated 17/02/1972 and File No.
233/B/WZ/86 dated 13/05/1986 for the said address.
PIO’s reply:
“The record for property no. 7/29, Tilak Nagar was traced, but being very old record, the same
could not be traced.”
Grounds for First Appeal:
Unsatisfactory response received from the PIO.
The First Appellate Authority order:
No order.
Grounds for Second Appeal:
Unsatisfactory response received from the PIO and no action taken by FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Tilak Raj Batra;
Respondent: Mr. K.C.Meena, Public Information Officer & SE-II; Mr. K.K.Sharma, APIO&AE;
The Appellant has sought photocopies of COD Form and the sanctioned Building Plan for
the year 1971-72 and 1986 from MCD file no.991/B/77 dated 08/12/71 Correspondence/West
Zone dated 17/02/1972 and File No. 233/B/WZ/86 dated 13/05/1986 for the said address. The PIO
states that the file no.991/B/77 dated 08/12/71 is not available in the records of MCD though there
is an entry in the register of this file. As regards File No. 233/B/WZ/86 dated 13/05/1986 the PIO
states that there is no record of any such file on there register. They have brought the registers and
the Appellant and the Commission are not able to locate such a file number in the register of 1986.
The Commission cannot comment on 1986 file since there is no evidence for this. However, as
regard the file of 1971 the Commission directs the PIO to file a police complaint with Police for
theft/loss of the file giving the name of the person who last handled this file. He will also obtain a
certificate from the Additional Commissioner (Engineering) certifying the theft/loss of this file. The
Commission desires that the Municipal Officials try and see how they can help the applicant to get a
substitute for the stolen file by reconstructing it if possible.
Decision:
The appeal is allowed.
The PIO will give a copy of the Police Complaint and Certificate of Additional
Commissioner (Engineering) as stated above to the Appellant and the Commission before 10
December 2009.
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
19 November 2009
(In any correspondence on this decision, mentioned the complete decision number.)