Central Information Commission Judgements

Mr.Vinod Kumar Gupta vs Mcd, Gnct Delhi on 19 August, 2011

Central Information Commission
Mr.Vinod Kumar Gupta vs Mcd, Gnct Delhi on 19 August, 2011
                        CENTRAL INFORMATION COMMISSION
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                                                            Decision No. CIC/SG/A/2011/001794/14166
                                                                    Appeal No. CIC/SG/A/2011/001794

Relevant Facts

emerging from the Appeal:

Appellant                            :      Mr. Vinod Kumar Gupta
                                            J-70, South Extension Part - I
                                            New Delhi-110049.
                                            Ph. No. - 9958872008

Respondent                           :      Mr. K. P. Singh
                                            PIO & SE-I
                                            Municipal Corporation of Delhi,
                                            O/o The Superintending Engineer (C)-I,
                                            Central Zone, Lajpat Nagar,
                                            New Delhi- 110024.

RTI application filed on             :      13/04/2011
PIO replied                          :      20/05/2011
First appeal filed on                :      16/05/2011
First Appellate Authority order      :      26/05/2011
Second Appeal received on            :      06/07/2011

Information sought:-

You are requested to kindly provide me the sanction plans, Form D & C and Completion
Certificate of the property no.J-70, South Extension Part – I, New Delhi – 110049.

PIO response:-

Subject noted RTI is filed under the provisions of RTI Act-2005, and applicant has sought copy of
sanctioned building plan, ‘C’ & ‘D’ Form and Completion Certificate in respect of P.No. J-70, NDSE – I,
New Delhi.

In this connection, it is informed that requisite documents are not available with this office on
record. However, it is also informed that applicant has not mentioned any specific reference number / file
number / date of issue of requisite documents.

Grounds for the First Appeal:

Unsatisfactory information was given by the PIO.

Order of the First Appellate Authority (FAA):

This is with reference to your Appeal Dated 16.03.2011, received in this office on 18.05.2011,
under Right to Information Act, 2005, in the subject mentioned ID. The appeal has been preferred on the
grounds that the concerned PIO has not provided the requisite information despite lapse of stipulated
period under the RTI Act, 2005.

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In this regard, I am to inform you that status of your RTI application, in the subject mentioned ID,
was enquired into and PIO concerned i.e. SE (C )- I has informed that reply to your RTI application has
already been sent to you vide their letter No.D/SE(C )-I/EE(B)-I/APIO-I/CNZ/2011/149/RTI Dated
20.05.2011. However, a copy of the same is again enclosed herewith for you information.

Grounds for the Second Appeal:

Unsatisfactory reply received by the Appellant and Unsatisfactory order had been passed by FAA.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. Vinod Kumar Gupta;

Respondent: Mr. Rakesh Kumar, Nodal Officer(RTI) on behalf of Mr. K. P. Singh, PIO & SE-I;

The Appellant wants records relating to the sanction of his plan and completion certificate of his
property. The PIO has initially replied that they were not able to identify the records. Subsequently the
appellant inform the PIO that the property had been built during the period 1965-66. The PIO states that
they do not have these records with them and hence are unable to give these. The records are reasonably
old but MCD should digitize and computerize all the records as stipulated in Section-4 of the RTI Act as
soon as possible so that such occurrences do not repeat.

Decision:

The Appeal is disposed.

The information sought by the Appellant relates to the period 1965-66 and are not
available.

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 August 2011
(In any correspondence on this decision, mention the complete decision number.)(GS)

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