In the Central Information Commission
at
New Delhi
File No: CIC/SG/A/2011/001745AD
Date of Hearing : August 17, 2011
Date of Decision : August 17, 2011
Parties:
Applicant
Ms.Mallika Sharma
#26, Netaji Subhash Marg
Daryaganj
New Delhi 110 002
Respondents
Office of Dy. Commissioner (Central)
Office of the Government of NCT of Delhi
14, Darya Ganj
New Delhi 110 002
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/SG/A/2011/001745AD
Adjunct to the captioned CIC Order dt.25.7.11
Background
1. The decision in the captioned Order is reproduced below:
‘4. Be that as it may, in view of the conflict mentioned in para 2 hereinabove , it is decided to
depute an officer from the Commission who would visit the Respondents’ office to inspect the land
related records available on their computer system and would examine the applicability of Section
7(9) of the RTIAct visàvis the disclosure of the present information. If it is found that the computer
records can be easily downloaded within minutes as contended by the Appellant the PIO will
download and attest the same and provide them to the Appellant on payment of fees as per
mechanism already established for this purpose in the Registration Act. The PIO then will
also explain why penalty should not be imposed upon him for obstructing the supply of information by
providing misleading information to the Commission. Response to this notice to reach the
Commission by 24 August, 2011. It is accordingly directed that Shri G.Subramanian, Dy. Registrar,
CIC shall visit the Respondents’ office for the above mentioned purpose and submit his report to the
Commission by 02.08.2011.’
2. In compliance to the above order, the inspection was conducted by Shri Subramanian, Deputy
Registrar who furnished the following report after the inspection.
INSPECTION REPORT IN CASE NO. CIC/SG/A/2011/001745AD
Undersigned visited the office of the PIO, SubRegistrarIII, situated at Asif Ali Road today i.e.
today i.e.
2nd August, 2011 at 10.30 a.m. as per the direction of the Hon’ble Information Commissioner, Mrs.
Mrs.
Annapurna Dixit vide Order No.CIC/SG/A/2011/001745AD dated July 25, 2011.
The order directed vide para 4 of the decision as follows::
“Be that as it may, in view of the conflict as mentioned in para 2 hereinabove, it is decided to depute
an officer from the Commission who would visit the Respondents’ office to inspect the land related
an officer from the Commission who would visit the Respondents’ office to inspect the land related
records available on their computer system and would examine the applicability of Section 7(9) of the
records available on their computer system and would examine the applicability of Section 7(9) of the
RTI Act visàvis the disclosure of the present information. If it is found that the computer records can
be easily downloaded within minutes as contended by the Appellant, the PIO will download and attest
be easily downloaded within minutes as contended by the Appellant, the PIO will download and attest
the same and provide them to the Appellant on payment of fees as per mechanism already
already
established for this purpose in the Registration Act. The PIO then will also explain why penalty should
established for this purpose in the Registration Act. The PIO then will also explain why penalty should
not be imposed upon him for obstructing the supply of information by providing misleading
misleading
information to the Commission. Response to this notice to reach the Commission by 24 August,
information to the Commission. Response to this notice to reach the Commission by 24 August,
2011. It is accordingly directed that Shri G. Subramanian, Dy. Registrar, CIC shall visit the
the
Respondents’ office for the above mentioned purpose and submit his report to the Commission by
Respondents’ office for the above mentioned purpose and submit his report to the Commission by
2.08.2011.”
With the above mandate the undersigned visited the office of SubRegistrarIII and noticed
noticed
that the Land Records, i.e. sale deep papers, power of attorney papers have not been digitized and are
not been digitized and are
not available on computer.
Only what they maintain is a Peshi Register, which they maintain while people come to Register the
Only what they maintain is a Peshi Register, which they maintain while people come to Register the
properties after they have brought, issuance of power of attorney, will of the property etc. Only Book
Vol. I is available to the public. Anybody can have these documents after inspection by specifying
Vol. I is available to the public. Anybody can have these documents after inspection by specifying
Volume No. of Book No.1 or date of Sale deed. In computer, Peshi Register is kept for a year. The
Volume No. of Book No.1 or date of Sale deed. In computer, Peshi Register is kept for a year. The
data available is for the year 2011. There is hardly 34 computers which contain this information, and
data available is for the year 2011. There is hardly 34 computers which contain this information, and
most of the time they are busy, in Registration, taking photographs etc.
Undersigned also had to wait and request the public to cooperate so that the inspection could be
Undersigned also had to wait and request the public to cooperate so that the inspection could be
conducted. The undersigned tried to find the entry by using Property Number. Each page contains
conducted. The undersigned tried to find the entry by using Property Number. Each page contains
few entries and this process has to be repeated in each page to search with the specified parameter.
Sometimes, with parameters, it was appearing whereas in other occasion it was not locating. The
Sometimes, with parameters, it was appearing whereas in other occasion it was not locating. The
reason being either the search fields have been restricted or only few fields included for search. Of
course the Office has Peshi Register, the print out of which is taken each date and bound in a form of
course the Office has Peshi Register, the print out of which is taken each date and bound in a form of
register kept month/yearwise. Going through the Peshi Register one can glean through and find out
register kept month/yearwise. Going through the Peshi Register one can glean through and find out
the details, one requires. Inspection of certain books and indexes/ certified copies can be obtained
the details, one requires. Inspection of certain books and indexes/ certified copies can be obtained
through normal process which has been provided as per the Registration Act, 1908. Book Nos.1 and
through normal process which has been provided as per the Registration Act, 1908. Book Nos.1 and
2 and the Indexes relating to Book No.1 is open to all while copies of entries in Book No.3 and in the
2 and the Indexes relating to Book No.1 is open to all while copies of entries in Book No.3 and in the
Index relating is given to the persons executing the documents to which such entries relate, or to their
agents, and after the death of the executants (but not before to any person applying for such copies.
The undersigned has come to the conclusion that, it is not possible to allow anybody for inspection
The undersigned has come to the conclusion that, it is not possible to allow anybody for inspection
over computers, as most of the time these computers are busy. Moreover, allowing public to inspect
over computers, as most of the time these computers are busy. Moreover, allowing public to inspect
the documents may lead to deletion of data etc.
Moreover, it is not possible as specified by the Appellant that by a click of mouse, the details could be
Moreover, it is not possible as specified by the Appellant that by a click of mouse, the details could be
retrieved.. One has to scan through each page before finding out the details. There may be 1015
retrieved.. One has to scan through each page before finding out the details. There may be 1015
pages to be scanned per day , depending upon the Registration.
Pests could be seen in old Land Records. It is high time that the Land Records are digitized and
Pests could be seen in old Land Records. It is high time that the Land Records are digitized and
Search option kept for all the fields, including Property number apart from Book No, Volume No. ,
Name etc.
Submitted as directed.
(G. Subramanian)
Deputy Registrar
2.8.2011
Decision
3. It is clear from the inspection report, that it is not possible for the Respondent to retrieve
information related to land records with a click of the mouse. The Commission therefore directs the PIO to
allow the Appellant to inspect the 20 volumes and identify the information required by her
corresponding to her RTI queries and the PIO to provide the copies of the documents identified
on payment of fee as per the the Registration Act.
4. The Commission also recommends that all the land records be digitized and uploaded on the
computer system at the earliest.
5. Based on the findings contained in the inspection report, the penalty proceedings initiated against
the PIO are being dropped.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy
(G.Subramanian)
Deputy Registrar
Cc:
1. Ms.Mallika Sharma
#26, Netaji Subhash Marg
Daryaganj
New Delhi 110 002
2. The Public Information Officer
Office of Dy. Commissioner (Central)
Office of the Government of NCT of Delhi
14, Darya Ganj
New Delhi 110 002
3. The Appellate Authority
Office of Dy. Commissioner (Central)
Office of the Government of NCT of Delhi
14, Darya Ganj
New Delhi 110 002
4. Officer in charge, NIC