Central Information Commission
SA/UG/F31532MMVA
Dated December 17, 2009
Name of the Applicant : Shri Arun Kumar Singh
Name of the Public Authority : ECR, Samastipur
Background
1. The Applicant filed an RTI application dt.16.7.08 with PIO, ECR, Samastipur requesting
for information against 10 points with regard to land acquisition by Narhan railway
station. Shri Manoj Kumar, PIO transferred the RTI application to Sr. Divisional
Engineer (Coord) on 16.7.08 who provided the information on 25.8.08. Not satisfied
with the reply, the Applicant filed an appeal d.15.9.08 with the Appellate Authority and
on not receiving any reply, he filed a second appeal dt.nil before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for December 17, 2009.
3. Shri Bijoy Prasad, APIO and Shri Ram Briksh Paswan, Head Clerk represented the
Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. Shri Bijoy Prasad submitted that information has been provided informing the
Appellant that the land was not given in charity but has been acquired from the State
Government on 9.4.1911. He further submitted that records relating to acquisition
are not available even after intensive search since the transaction took place in 1911.
He also stated that with regard to point 6, there is no written rule for change of name
of railway station and that information against points 9 and 10 pertaining to 1911 are
not available.
6. The Commission after hearing the submissions and while holding that information
sought against points 3 and 4 do not fall under the definition of ‘information’ as per
section 2(f) of the RTI Act, directs the PIO to provide information against points 7 and
8 to the Appellant by 17.1.2010 and the Appellant is directed to submit a compliance
report to the Commission by 24.1.2010.
7. The appeal is disposed off with above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Arun Kumar Singh
Village & PO – Bariadih
Via Narhan
P.S. – Bibhuti Pur
Samastipur
Bihar
2. The PIO
East Central Railway
O/o Sr.DME (C&W)
Samastipur 848 101
3. The Appellate Authority
East Central Railway
Divisional Railway Manager’s Office
Samastipur Division
Bihar
4. Officer incharge, NIC
5. Press E Group, CIC