ORDER
Wajahat Habibullah, C.I.C.
1. By our decision of 31-3-2008 we had directed as follows:
The Commission has decided to treat this application as a complaint petition under Section 18 (c) of the said Act and hereby directs the PIO, Director, LM Dep’t, DDA Delhi to provide the information sought to applicant Shri GB Singh within 10 working days from the date of receipt of this decision.
The PIO is directed to appear personally before the Commission on 21.04.2008 at 4:30 p.m. and show cause as to why a penalty of Rs. 250/- per day from the date when the information became due i.e. 09.04.07 to the date when the information is actually supplied, not exceeding Rs. 25, 000/- should not be imposed on him under Section 20(1) of the RTI Act. The PIO may in the alternative submit his written submission to this Commission on or before 17.04.2008.
2. On this we have received a response from Shri D.K. Rathi, present Dy. Director, LM (EZ) & PIO dated 17-4-08 as follows:
The reply was sent to Shri G. B. Singh, 85, Mausam Vihar, Delhi vide this office letter No. RTI-284/DD/LM/EZ/40 dated 3.3.2008 (copy enclosed) informing that Kh. No. 28/23/1 (bigha 0 biswa 8), 23/2 (bigha 0 biswa 15), 24/1 (bigha 0 biswa 2), 24/2 (bigha 0 biswa 15), 25/1 (bigha 1 biswa07) and 25/2 (bigha 0 biswa 13)- Total 4 bigha has been acquired vide Award No. 22/70-71 and placed at the disposal of DDA under Section 22 (i) No. F. 10 (7) 80-L&B dated 21.2.81 and F. 9(18) 92 L&B dated 25.1.95. The present, land, under reference, is lying vacant at site. The land is situated between Sukh Vihar and Mausam Vihar and same is being maintained as given (copy enclosed). Since the work ‘given’ was wrongly written instead of ‘green’, a corrigendum was issued vide this office letter No. RTI-287/DD/LM/EZ/203 dated 11.4.2008 to Shri G. B. Singh that word ‘given’ may be read as ‘green’
However, a reply was earlier sent to Shri G. B. Singh by Sr. P.S. to CLD on 19.9.2007 vide letter No. PS/CLD/RTI/692/ 2007/ 502 in the connected Khasras. Again, on 16.10.2007, the details of Khasras were sent to Shri G. B. Singh by PS to Commissioner (LD).
3. We have also received a copy of the letter addressed to Shri Rathi by Director (LM-1) with the copy endorsed to us dated 10-4-2008 as below:
Respective Dy. Directors of LM Wing have been designated as PIO vide Order No. 15 (15) 2006/ RTI Act-05/DDA/76 dated 27.4.2006. As the matter was being looked after by the then Director (LM)-1, Shri S.P. Padhy, in his capacity as PIO/LM, the direction was issued to him as PIO/ LM to provide information sought by the applicant, Shri G. B. Singh, within 10 working days.
4. The complaint was heard on 14-5-2008. Following are present:
Appellant:
Shri G. B. Singh.
Shri B.K. Mehta.
Shri Sri Krishan.
Respondents:
Shri D.K. Rathi, PIO, DDA
Shri D.S. Negi, Patwari
Shri Mukesh Kumar, Patwari
5. Appellant Shri G.B. Singh submitted that he has not received any response to the RTI request carrying ID No. 1160. Shri Rathi also admitted that the response he had cited dated 3-3-08 was to another ID application. Further he stated that the questions asked in ID No. 1160 have been answered therein, but admitted that no response has actually gone under ID No. 1160. There has also not been a response from Commissioner (LM) DDA to the first appeal.
6. Respondent Shri Rathi also referred to the letter written by him to Shri G.B. Singh on 11-4-08 in which in continuation of the letter of 3-3-08 he had issued a corrigendum in the appeal case ID No. 1160 correcting what he called a printing error in that the word “green” had been misprinted as “given”. Appellant Shri G.B. Singh had not received a copy of this corrigendum which was handed over to him in the hearing.
7. Shri D.K. Rathi also informed the Commission that the then PIO and Director, LM Shri S.P. Padhi referred to in the letter of 10.4.’08 quoted above has since been transferred to Orissa. His posting and address at present is as follows:
Shri S.P. Padhi,
Additional Secretary (H&UD),
Government of Orissa,
State Secretariat,
Bhubneshwar-751 001
DECISION NOTICE:
8. It stands admitted that the application ID No. 1160 has not been responded to except in the form of corrigendum of 11-4-08. The then PIO Shri S.P. Padhi is clearly at fault for this omission. Shri S.P. Padhi, presently Additional Secretary (H&UD), Government of Orissa, State Secretariat, Bhubneshwar-751 001 will therefore, show cause as to why he should not be held liable for a penalty of Rs. 25,000/- from 9-4-2007 when the information became due upto the date when information is actually supplied, as directed below. This he may do either in writing by 1st June, 2008 or through personal appearance through videoconference on 9TH June, 2008 at 10.00 a.m. As discussed above, respondent Shri D.K. Rathi argued that the answer to the question placed in ID No. 1160 had been given in his letter dated 3-3-08. Having examined the documents I find that this can be construed to have been so by implication only. But under Section 7 Sub-section (9) of the RTI Act, the information “shall ordinarily be provided in the form in which it is sought.”
9. In this case, the question divides readily into three:
i) the name of allottee to whom the land of khasra Nos. 23/1/2 (0-8), 23/2/122 (0-15), 24/1/2 (0-5)m 24/2/2 (0-5)m 25/1/1, 223 (1-6) & 25/2/1 (0-13) have been cited;
ii) details of allotment order & its certified copy;
iii) If not allotted, it be confirmed as unallotted and present status be provided.
10. Shri D.K. Rathi, PIO & Dy. Director (LM) will now supply the information sought in the proforma as below within 10 working days of the date of receipt of this decision notice:
S. No. Name of Allottee Khasra No. Allotment Order & its date Or a clear statement that the land remains unallotted and if so, the present status.
11. Announced in the hearing. Notice of this decision be given free of cost to the parties.