Central Information Commission
Mr.Pirthi Singh vs Government Of Nct Of Delhi on 29 August, 2012
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001722
Date of Hearing : August 29, 2012.
Date of Decision : August 29, 2012.
Parties:
Applicant
Shri Pirthi Singh
S/o Shri Sher Singh
R/o H.No. 140
Madangir Village
New Delhi - 110 062.
Applicant was present along with Representative Shri Ajit Kumar.
Respondent(s)
Department of Revenue
Sub Divisional Magistrate (Hauz Khas)
Old Tehsil Building
Mehrauli
New Delhi - 110 068.
Representative : Shri Tarachand, NT (HK)
.
Information Commissioner : Mrs. Annapurna Dixit
___________________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2012/001722
ORDER
Background
1. The RTI Application dated 1.9.11 was filed by the Applicant with the PIO, SDM, Department of Revenue, Mehrauli, New Delhi wanting to know whether the Government has left any 'Rasta' after chakbandhi in Kasara no. 5/6 in Madangir Village as per revenue records besides other information related to demarcation of area. The PIO replied on 21.9.11 informing the Applicant that records related to demarcation are not available in the file. The Applicant then filed his first appeal on 27.9.11 contending that since the demarcation report is not available in the file it is evident that the Tehsildar has fabricated the information. He requested the Appellate Authority to provide him correct and true Demarcation report and also the information about the Gram sabha rasta as sought in the RTI Application. The Appeal was disposed off by the Appellate Authority on 5.12.11 directing the PIO to reexamine the records and provide the information. In compliance with the FAA's order the PIO/SDM replied on 29.2.12 informing the Applicant that the RTI Application has been reexamined and it was found that the information furnished earlier vide letter 21.9.11 is in order. The Appellant thereafter filed his second appeal before the Commission. Decision
2. During the hearing the Respondent submitted that after the second appeal was filed another search was made for the records after which the concerned file containing the original demarcation report was located. He also offered inspection of the complete file to the Appellant. The Appellant on his part requested the Commission to direct the Public Authority to declare as private property the rasta (path) that they had set aside during the demarcation as 'Gram Sabha rasta' . This request according to the Appellant is based on the records being held by him, which clearly indicate that the property in that area has been owned by several generations of his family.
3. After hearing both sides the Commission noted that the Appellant has not sought any information from the Commission during the hearing and that all he wanted was redressal of his grievance, which falls outside the ambit of the RTI Act. Be that as it may, it is recommended that the PIO place the demarcation report along with the Appellant's request that the rastha that has been set aside in the demarcation report be considered as private property, before the Competent Authority ie. Dy.Commissioner and the Dy. Commissioner give one more hearing to the Appellant and take a decision on the Appellant's request after due consideration of submissions of both parties. This exercise may preferably be completed before the end of September 2012.
4. The appeal is disposed of with the above recommendation.
(Annapurna Dixit) Information Commissioner Authenticated true copy (G.Subramanian) Deputy Registrar
1. Shri Pirthi Singh S/o Shri Sher Singh R/o H.No. 140 Madangir Village New Delhi - 110 062.
2. The Public Information Officer Department of Revenue Sub Divisional Magistrate (Hauz Khas) Old Tehsil Building Mehrauli New Delhi - 110 068.
3. The Appellate Authority Department of Revenue Sub Divisional Magistrate (Hauz Khas) Old Tehsil Building Mehrauli New Delhi - 110 068.
4. Officer In charge, NIC.