CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor, Block IV,
Old JNU Campus, New Delhi -110 066.
Tel.: + 91 11 26161796
Decision No. CIC/WB/A/2007/01431/SG/00182
Appeal No. CIC/WB/A/2007/01431
Relevant Facts
emerging from the Appeal
Appellant : Shri Bhagat Singh
31, Aliganj,
Kotal Mubarakpur,
New Delhi-110003.
Respondent 1 : APIO,
Municipal Corporation of Delhi
Office of Asstt. Commissioner,
Central Zone, Lajpat Nagar,
New Delhi- 110024.
RTI filed on : 20/07/2007
PIO replied : 16/08/2007
First appeal filed on : 19/09/2007
First Appellate Authority order : not mentioned
Second Appeal filed on : 12/11/2007
Detail of information required:
The appellant had asked about information had been filed application ID No 1019 dated 23/07/2007.
The appellant had filed a RTI application seeking information about a MOU and its
implementation between MCD and Manushi Nagrik Adhikar Manch.:
Information sought Information provided Reasons for appeal
1 Contribution of Attested copy is
Manushi (Do not Enclosed
attach a copy of
MOU).
2 What part of the Contribution of Manushi There is no board at Project site
contribution has SangathanCan be giving this information.
been fulfilled by seen at projectSite Complaints have been made
Manushi Of Manushi not Fulfilling it
obligations.
3 What part of the As (2) above Answer is not being Given since
contribution of Manushi has not fulfilled its
Manushi has not obligations and no action has
been fulfilled? been taken by MCD
4 Details of The attested copy Of
contribution to be MOU can be
made by MCD. Consulted.
5 Details of As per MOU,
contribution Made Contribution can be
by MCD Seen at project site
6 Details of As (5) above Since MCD has not given NOC
contribution Not To stall holders as per the MOU,
fulfilled by MCD They are stealing electricity
even after three years.
7 Reasons for MCD not Not applicable
Fulfilling its
contribution
8 Reasons for Manushi This question pertains To
not fulfilling its Manushi Sangathan
contribution
The Appellate Authority ordered:
Not mentioned
The first appellate authority did not give any order hence the second appeal.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Shri Bhagat Singh
Respondent : Mr. R.K.Parashar on behalf of Gyanesh Bharti PIO at the time of the RTI
application.
On points 1 & 4 the appellants agreed that the information was available in the MOU which had been
provided to them. For points 2 & 5 the PIO was directed to provide the information based on records
of the contribution made by Manushi Nagrik Adhikar Manch and MCD. Points 3 & 6 these are
obvious deductions from the other informations. The respondents pointed out that Points 7 & 8 do not
qualify as information unless there are any records which show reasons for not fulfilling the required
contributions.
Decision:
The appeal is allowed.
The PIO will provide the information for points 2 & 5 based on records available. In case no
records are available he will state this clearly. He will also seek records from Manushi
Nagrik Adhikar Manch about the contributions made by them and if any records are
obtained from Manushi Nagrik Adhikar Manch these will be given to the appellant. All
this information will be given to the appellant before 25th November, 2008.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
7th November, 2008