CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/000802/7718
Appeal No. CIC/SG/A/2010/000802
Relevant Facts
emerging from the Appeal:
Appellant : Mrs. Saroj Gupta
JP-2/III floor
Maurya Enclave,
Delhi 110034
Respondent : Mr. Bharat Bhushan
Public Information Officer & Dy. Town Planner
Municipal Corporation of Delhi
Town Planning Department
Nigam Bhawan, Kashmiri Gate
Delhi.
RTI application filed on : 17/11/2009 PIO replied : 01/12/2009 First appeal filed on : 07/12/2009 First Appellate Authority order : No order. Second Appeal received on : 29/03/2010 Information Sought:
1) Total area of land available owned by the MCD and for commercial development of a
complex in Naniwala Bagh out of that area of land available for the scheme planned as
per the Standing Committee Resolution No. 240 of 1969.
2) Total No. of plots carved out in the scheme, total area used for the scheme and the area of
each plot falling on municipal land and private land.
3) Details of surplus municipal land of commercial nature already available which was
excluded from the scheme in 1969 and grounds for its exclusion as per municipal records.
4) Copy of the instructions / guidelines which may show that any scheme on private land the
development plan has to be first prepared and get approved and then initiate action for
acquisition of the land.
5) Details of additional plots in the revise scheme approved vide Standing Committee
Resolution No.794 of 1986 and source from which additional land taken was procured or
managed, along with the number and area of plots. Also provide whether these plots are
in lieu of the falling plots in the private land or as part of new scheme unconnected with
the old scheme of 1969? Provide the same information regarding additional ploys in the
same premises vide Standing Committee Resolution No. 182 of 2005 (Part – A).
6) Record regarding present status of private land included in the original lay out plan if or
not forms the part of the approved lay out plan and if the approved plan is deleted
,whether it was done unilaterally by the department or after seeking consent of the
owner(s) of the private land.
7) Documents of the land which is still in surplus in the complex and the plan for utilizing
this surplus land.
8) Provide the grounds and the provision of law under which Shri Sunil Mehra, Sr. Town
Planner was shifted to Slum & JJ Department. Also provide the name of the new PIO.
Reply of the PIO:
1) Layout Plan as per the Standing Committee resolution no. 240 of 1969 has already been
given in presence of CIC on 09/11/2009.
2) Copy of resolution no.240 already provided.
3) Same as answers 1 & 2.
4) The information asked is not available. The RTI application relates to L&E Deptt. and is
being transferred to PIO /AC (L&E).
5) Regarding Standing Committee resolution no. 794 of 1986 and resolution 182 of 2005
(para A) , the information can be gathered from Secretary Office MCD.
6) Same as answers 1 & 2.
7) Court Case was pending. The RTI application related to L &E Deptt. and has been
transferred to PIO/ AC.
8) It was an administrative matter and therefore the RTI is sent to PIO Central
Establishment Deptt. Assistant Commissioner, CED for reply.
Grounds for the First Appeal:
Unsatisfactory information given by the PIO.
Order of the First Appellate Authority (FAA):
No order passed by the FAA.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information received by the PIO and no order passed by FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent;
Respondent: Mr. Bharat Bhushan, Public Information Officer & Dy. Town Planner;
The PIO shows that he has given all the information available on records to the
Appellant. From a perusal of the appeal of the appellant it is difficult to understand what
information has not been provided.
Decision:
The Appeal is disposed.
The information appears to have been provided.
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
13 May 2010
(In any correspondence on this decision, mention the complete decision number.)(MS)