CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/WB/A/2008/00828/LS
Appellant : Smt Gita Dewan Verma
Public Authority : Ministry of Urban Development
(through Shri Sanjiv Kumar Lohia, OSD (MRTS)
& Shri Vimal Kugur, Under Secretary (MRTS))
Date of Hearing : 1.1.2009
Date of Decision : 1.1.2009
Facts
By her letter of 27.12.2007, the appellant had requested for information
on the following 5 points :-
“i. Exact particular (s) of Regulation and/or Act and/or Bill and/or
Amendment and/or model legislation and/or policy referred to in the
news item.
ii. Exact status of the same.
iii. Exact particulars (url) of any official website publication(s) of the
following :-
(a) Test of Regulation/Act/Bill/Amendment/model legislation/ policy
(b) Details of consultations with States
(c) Details of consultations with Experts/particulars of experts
consulted
iv. If the above are unavailable on official websites, then form and manner
in which they are available (if available) to other experts and/or to
citizens.
v. Procedure, if any, for consideration of views of other experts/citizens.
2. The CPIO vide his letter dated 22.1.2008 had furnished information on
points Nos. 1 & 2. As regards points Nos. 3, 4, & 5, no information was
furnished to the appellant.
3. On appeal, Shri S.K. Lohia, Appellate Authority vide his letter dated
28.4.2008 had taken the line, that no further information could be furnished in
terms of section 8 (1) (j) of the RTI Act.
4. Hence the present appeal.
5. The matter was heard on 1.1.2009. The appellant appeared before the
Commission. MOUD is represented by the officers mentioned above. It is the
submission of Shri Lohia that the amendment in Delhi Metro Operation and
Maintenance Act, 2002, is under consideration and the Government has not
taken a final view in the matter. Hence, it is not possible to furnish any
information on this subject, is to how at this stage. As to the appellant’s query
whether she can have look at the consultative process, if any, involved in the
formulation of modern legislation relating to the operationalisation and
maintenance of the Metro Railway system in municipal areas etc, Shri Lohia
would submit that this is a part of the whole process and therefore, cannot be
disclosed at this stage. To this, the appellant would respond that her request
could be examined at an appropriate level in the MOUD.
DECISION
6. In this view of the above discussion, the appeal is dismissed. However,
Shri Lohia is directed to consider the above mentioned request of the appellant
for appropriate decision at his end.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy, Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO
of this Commission
(K.L. Das)
Assistant Registrar