Central Information Commission
*****
No.CIC/OK/A/2008/00146
Dated: 14 July 2008
Name of the Appellant : Shri S.P. Sharma
Advocate, 60
Jaipur House Market
Agra, 282010
Name of the Public Authority : North Central Railway
Background:
Shri S.P. Sharma of Agra filed an RTI-application on 13 July 2007 with the
Public Information Officer, North Central Railway, Agra Division, seeking
information relating to norms relating to the issue of an NOC for raising
constructions on a plot of land owned by the Appellant.
2. The PIO vide his letter dated 6 August 2007 replied to his RTI-application.
Not satisfied with the reply of the PIO, the Appellant filed an appeal with the
first Appellate Authority on 14 August 2007 and then approached the Central
Information Commission with a Second Appeal on 28 November 2007.
3. The Bench of Dr. O.P. Kejariwal, Information Commissioner, heard the
matter on 3 July 2008.
4. Shri Rajeev Kumar Goyal, Sr. DPO & PIO and Shri Dilip Kumar Mishra, DEN-
II & Appellate Authority, represented the Respondents.
5. The Appellant, Shri S.P. Sharma, was present in person.
Decision:
6. The Commission heard both the sides and noted that what the Appellant
actually wanted was an NOC for raising constructions on a plot of land owned by
the Appellant. At one time, the Department had told him to deposit Rs.250/-for
processing and informed him that the process of granting the NOC had started.
According to the Appellant, it was now 14 years and still no action had been
taken on his appeal. The Commission finds it strange that once the Respondents
admitted that the process of granting the NOC had started and also received
money from the Appellant as per their demand for processing the case, 14 years
down the line they now say that the NOC could not be granted as which has
dispute in assessing the said property. During the hearing, the Respondents
stated that in 2005 they had informed the Appellant that the NOC could not be
granted because of the land dispute. Under the circumstances, the Commission
directs the Respondents to open up all the files and record which will show the
progress of the Appellant’s appeal for NOC over these 14 years to the Appellant
for his inspection. The Appellant will be entitled to get photocopies of the
documents that he requires free of cost.
7. This may be done by 31 July 2008 after the two sides have fixed up a
time mutually convenient.
8. The Commission ordered accordingly.
Sd/-
(O.P. Kejariwal)
Information Commissioner
Authenticated true copy:
Sd/-
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri S.P. Sharma, Advocate, 60, Jaipur House Market, Agra, 282010
2. The Public Information Officer, North Central Railway, Divisional Railway
Manager’s Office, Near Agra Cantt. Station, Agra
3. The Appellate Authority, North Central Railway, Divisional Railway Manager’s
Office, Near Agra Cantt. Station, Agra
4. Officer Incharge, NIC
5. Press E Group, CIC