Shri. P.C. Gupta vs Delhi State Industrial & … on 31 December, 2008

Central Information Commission
Shri. P.C. Gupta vs Delhi State Industrial & … on 31 December, 2008
               Central Information Commission
                            2nd Floor, August Kranti Bhawan,
                        Bhikaji Cama Place, New Delhi - 110 066
                                Website: www.cic.gov.in

                                                           Decision No.3566/IC(A)/2008

                                                             F. No.CIC/PB/A/2008/01366

                                                       Dated, the 31st December, 2008

Name of the Appellant:                  Shri. P.C. Gupta

Name of the Public Authority:           Delhi State Industrial & Infrastructure dev.
                                        Corpn. Ltd.
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Facts

:

1. Both the parties were heard on 31/12/2008.

2. The appellant has grievances relating to allotment of industrial plot. In this
regard, he has asked for certain information through various queries, which have
been duly replied. He is, however, not satisfied because his grievances have not
been redressed.

3. The PIO stated that the appellant was allotted an industrial plot as per the
policy of the respondent which was subsequently cancelled on the request of the
appellant and the money was refunded. The appellant’s plea for re-allotment of
plot or restoration of the earlier allotment cannot be considered as per the
existing guidelines. He also stated that the appellant through his RTI application
tried to elicit views and opinion of the PIO, who is not competent to comment on
those issues. However, the required information was gathered from different
offices of the respondent and accordingly furnished to him.

4. The appellant mentioned that his business has suffered because of
inordinate delays in implementation of the policies of allotment of industrial plot.
And that there was also delay in providing the information asked for by him
through his RTI application. He, therefore, pleaded for imposition of penalty u/s
20(1) of the Act.

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“If you don’t ask, you don’t get.” – Mahatma Gandhi

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Decision:

5. The appellant has raised issues relating to redressl of his grievances,
mainly re-allotment of industrial plot. The PIO has furnished a point-wise
response and indicated that as per the existing policy the allotment of industrial
plot, which was cancelled on the request of the appellant, could not be restored.

6. As regards the delay in providing the requested information, a point-wise
response has been given soon after the compilation of the relevant documents
from different offices which took about 2 to 3 months. The information was not
readily available and, therefore, it could not be furnished. He, therefore, pleaded
for condonation of initiation of penalty proceedings, which is accepted.

7. Since there is no denial of information, the appellant is advised to seek
inspection of the relevant records and files so as to satisfy himself with the
availability of information required by him. The PIO should allow inspection .

8. As regards redressal of grievances regarding allotment of industrial plot is
concerned, the appellant is advised to seek legal remedy in the matter.

9. The appeal is thus disposed of.

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner ii

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name & address of Parties:

1. Shri. P.C. Gupta, G-9 Pushkar Enclave, Outer ring Road, Paschim Vihar,
Delhi – 110 063.

2. Shri. V.K. Garg, Chief Manager (RL)/PIO, Delhi State Industrial &
Infrastructure Development Corp. Ltd. Plot No.419, Functional Industrial
Estate, Udyog Sadan, Patparganj, Delhi – 110 092.

3. Shri. D.K. Mishra, Appellate Authority, Delhi State Industrial &
Infrastructure Development Corp. Ltd. Plot No.419, Functional Industrial
Estate, Udyog Sadan, Patparganj, Delhi – 110 092.

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“All men by nature desire to know.” – Aristotle

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