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Decision No.CIC/SG/A/2009/002767/6037
Appeal No. CIC/SG/A/2009/002767
Appellant : Smt. Usha Jain,
B-5A, T.C Jiana Tower-I,
Building No.-6 Districts Centre,
Janak Puri, New Delhi
Respondent : Mr. M. S. Hasan
Public Information Officer &
Joint Assessor & Collector.(WZ),
Municipal Corporation of Delhi,
59, Block, Ashok Nagar,
New Delhi-110018.
RTI application filed on : 26/06/2009
PIO replied : 15/07/2009
First Appeal filed on : 10/08/2009
First Appellate Authority order : 01/09/2009
Second Appeal Received on : 28/10/2009
Notice of Hearing Sent on : 23/11/2009
Hearing Held on : 22/12/2009
Information sought:
On what basis the MCD has entertained and has proceeded to act on the application of Shri H.R.
Chugh asking for information in regard to Appellant Basement/or about the building where
Appellant's Basement is situated in TC Jaina Tower I, Plot NO.-6, district Centre, Janakpuri,
New Delhi particularly in view of the fact that the has no concern or interest in the said building
in any manner whatsoever and I in view of he fact that the MCD is barred under section 8(e) &
(j) of the RTI Act, 2005 to provide any information to a person who has no concern with the said
information as the said MR. Chugh has no locus standi and even otherwise the said information
if given will be against the interest of flat owenr4es who are paying Collection
Department,/MCD heavy tax and which will be a misuser of the public authority.
PIO's Reply:
The following comments were provided by the PIO:
"Shri H.R Chugh being a Citizen is/was eligible to seek information held by the PIO under the
RTI Act, 2005 and the information sough by Shri H.R. Chugh relates to number of existing units
in Plot No.6, number of unit Holders paying property tax and whether the builder has provided a
Plan wherein the existing units have been earmarked/numbered.
In view of the information sought by the applicant, the Property Tax department of West One
along with the reply has offered to provided the applicant list of the allottees proceed by M/s Aar
Pee Apartments Private Limited on 30/06/2000 along with floor-wise plan of the units wherein
all units existing on each floor have been earmarked/numbered.
The information/documents which have been offered to the applicant are neither confidential nor
barred from being made public, disclosure of which would not case and any kind of invasion in
privacy and breach of fiduciary relationship. The applicant Sh. H.R. Chugh has gone in appeal to
the CIC in a similar case and the CIC directed the department to provide the information. Copy
dated 27/05/2009 is enclosed."
Grounds for First Appeal:
Non supply of information sought.
Order of the First Appellate Authority:
FAA mentioned that reply was sent to the Appellant on 15/07/2009 and was received back from
the P & T Department undelivered. Under these circumstances, the PIO was directed to deliver
the copy of the reply to the Appellant personally within a period of 3 days and obtain
acknowledgement.
Grounds for Second Appeal:
Unsatisfactory reply. Request to furnish the information sought.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. T.C. Yogi on behalf of Smt. Usha Jain
Respondent: Mr. M. S. Hasan, Public Information Officer & Joint Assessor & Collector(WZ);
The Appellant has effectively a desire that any information relating to her should not be
revealed to Mr. Chug under RTI. This is a demand which has no basis in law and no citizen in
the country can demand the curtailment of the fundamental rights of any other citizen. Denial of
information under RTI can only be under the exemptions under Section 8(1) and no such blanket
restrictions can be placed on the fundamental rights of any citizens under the Law.
Decision:
The appeal is dismissed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
22 December 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj