Central Information Commission
Malaya Kumar Chand vs Office Of The Additional Distt. ... on 8 April, 2024
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No: CIC/ADDDM/A/2023/111955
Malaya Kumar Chand .....अपीलकर्ाग/Appellant
VERSUS
बनाम
PIO,
Office of the e-Sub
Registrar-II Opp: Rajdhani
College, Basai Darapur,
New Delhi- 110027
PIO/E-Sub Registrar-IIB
O/o- E-Sub Registrar-IIB (Janakpuri)
District Centre, Janakpuri,
New Delhi -110058 ....प्रनर्वािीगण /Respondent
Date of Hearing : 07-03-2024
Date of Decision : 05-04-2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 24-09-2022
CPIO replied on : 05-12-2022 & 12-12-2022
First appeal filed on : 03-12-2022
First Appellate Authority's order : 25-01-2023
2nd Appeal/Complaint dated : 02-03-2023
Page 1 of 10
Information sought:
The Appellant filed an RTI application dated 24.09.2022 seeking the following information:
"A) Furnish following information along with documentary proof, in support of reply.
1. The details of order, if any by which bi-furcation of Sub Register, Janakurii was done by further establishing the office of e-SR-II, Basai Dara Pur, New Delhi. Copy of order be kindly supplied.
2. Date and year on which office of e-SR-II, Basai Dara Pur and Sub register, Janakpuri was functioned.
3. Date and year on which office of e-SR-II, Basai Dara Pur and sub-
Register, Janakpuri was inaugurated.
4. Date on which 1" registry was made at office of e-SR-II, Basai Dara Pur and sub-register, Janakpuri.
5. Date and year on which the old registry papers and other documents were transferred from the office of Sub-Register, Janak Puri to the office of e-SR-II, Basai Dara Pur.
6. Date and year on which the old registry papers and other documents were transferred from the office of e-SR-II, Basai Dara Pur to office of Sub-Register, Janak Puri.
7. Copy of letter showing Details of handing over of documents and taking over of documents qua the old registry papers and other documents which were transferred from the office of Sub-Register, Janak Puri to the office of e-SR-II, Basai Dara Pur or vice Versa.
8. Up to which Date and year the old registry papers and other documents which were registered at the office of Sub-Register, Janak Puri were transferred from the office of Sub-Register, Janak Puri to the office of e-SR-II, Basai Dara Pur.
Ref:-Q No. 8 to 57 from the office of the office of e-SR-II, Basai Dara Pur or any other source.
9. Total number of Addl. Book No.1 available for year of 1996 at the office of e-SR-II, Basai Dara Pur.
10. Total number of Addl. Book No.1 available for the year of 1997 at the office of e-SR-II, Basai Dara Pur.
11. Total number of Addl. Book No.1 available for the year of 1998 at the office of e-SR-II, Basai Dara Pur 11) Total number of Addl. Book No.1 available for the year of 1999 at the office of e-SR-II, Basai Dara Pur.
12. Total number of Addl. Book No. 1 available for the year of 2000 at the office of e-SR-II, Basai Dara Pur.
Page 2 of 1013. Total number of Addl. Book No.1 available for the year of 2001 at the office of e-SR-II, Basai Dara Pur.
14. Total number of Addl. Book No.1 available for the year of 2002 at the office of e-SR-II, Basai Dara Pur.
15. Total number of Addl. Book No.1 available for the year of 2003 at the office of e-SR-II, Basai Dara Pur.
16. Total number of Addl. Book No.1 available for the year of 2004 at office of e-SR-II, Basai Dara Pur.
17. Total number of Addl. Book No.1 available for the year of 2005 at office of e-SR-II, Basai Dara Pur.
18. Total number of Addl. Book No.1 available for the year of 2006 at the office of e-SR-II, Basai Dara Pur.
19. Total number of Addl. Book No.1 available for the year of 2007 at office of e-SR-II, Basai Dara Pur.
20. Total number of Addl. Book No.1 available for the year of 2008 at office of e-SR-II, Basai Dara Pur.
21. Total number of Addl. Book No.1 available for the year of 2009 at office of e-SR-II, Basai Dara Pur.
22. Total number of Addl. Book No.1 available for the year of 2010 at office of e-SR-II, Basai Dara Pur.
23. Total number of Addl. Book No.1 available for the year of 2011 at office of e-SR-II, Başai Dara Pur.
24. Total number of Addl. Book No.1 available for the year of 2012 at office of e-SR-II, Basai Dara Pur.
25. Total number of Addi. Book No.1 available for the year of 2013 at office of e-SR-II, Basai Dara Pur.
26. Total number of Volume and details of volume available for the year of 1996 at office of e-SR-II.
27. Total number of Volume and details of volume available for the year of 1997 at the office of e-SR-II.
28. Total number of Volume and details of volume available for the year of 1998 at the office of e-SR-II.
29. Total number of Volume and details of volume available for the year of 1999 at the office of e-SR-II.
30. Total number of Volume and details of volume available for the year of 2000 at the office of e-SR-II.
31. Total number of Volume and details of volume available for the year of 2001 at the office of e-SR-II.
32. Total number of Volume and details of volume available for the year of 2002 at the office of e-SR-II
33. Total number of Volume and details of volume available for the year of 2003 at the office of e-SR-II.
Page 3 of 1034. Total number of Volume and details of volume available for the year of 2004 at the office of e-SR-II.
35. Total number of Volume and of volume available for the year of 2005 at the office of e-SR-II.
36. Total number of Volume and details of volume available for the year of 2006 at the office of e-SR-II.
37. Total number of Volume and details of volume available for the year of 2007 at the office of e-SR-II.
38. Total number of Volume and details of volume available for the year of 2008 at the office of e-SR-II.
39. Total number of Volume and details of volume available for the year of 2009 at the office of e-SR-II.
40. Total number of Volume and details of volume available for the year of 2010 at the office of e-SR-II.
41. Total number of Volume and details of volume available for the year of 2011 at the office of e-SR-II.
42. Total number of Volume and details of volume available for the year of 2012 at the office of e-SR-II.
43. Total number of Volume and details of volume available for the year of 2013 at the office of e-SR-II.
44. Details of Volume number for each of the year from 1996 till 2013 be apprised separately.
45. Details of Book number-1 available for each of the year of 1996 to 2013 be apprised separately.
46. Details of circular/notification / order by which record of old registry papers from office of e-SR-II B Janak Puri were transferred to office of e-SR-II/Basai dara Pur.
47. Details of old registry papers including Book No 1, Book. No. 3 and Book. No 4 and Addl. Book. No. I which was transferred from office of e-SR-II B /Janak Puri to office of e-SR-II /Basai Dara Pur be informed along with supporting documents in response to reply.
48. Details of order passed by the authority / office by which Book No. I and Addl. Book. No. I and other records were transferred from office of e-SR-II B/Janak Puri to office of e-SR-II/Basai dara Pur.
49. Date on which the office of e SR-Il, Basai Dara Pur was functioned.
50. Date on which the office of e-SR-II, Basai Dara Pur was inaugurated.
51. Date on which the 1" registry was made at the office of e-SR-II, Basai Dara Pur.
52. Date on which the old registry papers and other documents were transferred from the office of e- SR-II B, Janak Puri to the office of e- SR-II, Basai Dara Pur.
Page 4 of 1053. Copy of letter / Details of handing over of documents and taking over of documents qua the old registry papers and other documents which were transferred from the office of e-SR-II B Janak Puri to the office of e-SR-II, Basai Dara Pur.
54. Up to which Date and year the old registry papers and other documents which were registered at the office of e-SR-II B Janak Puri were transferred from the office of e-SR-II B, Janak Puri to the office of e- SR-11 Basai Dara Pur.
55. Total number of court cases pending against the office of e-SR-II Basai Dara Pur.
56. Details of all court cases qua pending at different courts / forum (including court number, case number, next date, if any, reply filed etc by the office of e-SR-II, Basai Dara Pur) be informed.
57. Details of all court cases qua decided by different courts / forum (including court number case. number, next date if any, reply filed etc., reply filed by office of e-SR-II, Basai Dara Pur) be informed."
The CPIO, LG House, New Delhi, vide letter dated 03.10.2022 transferred the RTI application under section 6 (3) of the RTI Act to PIO, Revenue Department, GNCTD, Delhi.
Thereafter, the APIO, Office of District Magistrate (West), Govt. of NCT Delhi, vide letter dated 05.12.2022 furnished a point-wise reply stating as under:
"1. The undersigned has received the above application under Right to Information Act-2005.
2 The requisite/part information does not fall within my jurisdiction.
3. The requisite/part Information i.e., Q. No. 4, 5, 6 (i) & (ii), 7 08, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41.
4. 42, 43, 44, 45, 47, 51, 53, 54, 55, 56, 57, 46, 48, 49.50, 52 pertains to your respective district for 42,43,44,45,075153 further necessary action at your end.Page 5 of 10
5. The application/part of the application is therefore being transferred to you under sub- section (3) of section-6 of Right to Information Act- 2005 for further necessary action.
6. You are requested to send the information directly to the applicant as per his address. A copy of the reply may be sent to this office also and quote the I.D No of this office in all your correspondence.
7. In case if does not fall under your jurisdiction it may please be further transferred to the Public Authority to which the subject matter is more closely connected, directly under intimation to the applicant."
Further, the PIO/e-Sub Registrar-II, Besai Dara Pur, New Delhi furnished a point-wise reply to the Appellant on 12.12.2022 stating as under:
"4. The reply has already been supplied vide RTI ID No. 1275. Further, 1st registry was made at office of e-SR-II, Basai Dara Pur is lease Rent deed vide R. No. 11507, Book No. 1, Vol. No. 20961 on page 84-87 dated 31/05/2013. Furthermore, the same has also been transferred vide letter No. SR- II/BDP/RTI/2022/1655 to e-SR-II(B), Janakpuri for reply from their end (copy enclosed)
5. Pertains to e-SR-II(B), Janakpuri, hence, transferred vide letter No. No. SR- II/BDP/RTI/2022/1655 dated 08/12/2022 to e-SR-II(B), Janakpuri for reply from their end. (copy enclosed)
6. No such information available, However Pertains to e-SR-II(B), Janakpuri, Hence, transferred vide letter No. No. SR-II/BDP/RTI/2022/1643 dated 16.11.2022 to e-SR- II(B), Janakpuri for reply from their end. (copy enclosed) 6(ii) Pertains to e-SR-II(B), Janakpuri, hence transferred vide letter No. No. SR- II/BDP/RTI/2022/1655 dated 08/12/2022 to e-SR-II(B), Janakpuri for reply from their end. (copy enclosed)
7. Pertains to e-SR-II(B), Janakpuri, Hence, transferred vide letter No. No. SR- II/BDP/RTI/2022/1655 dated 08/12/2022 to e-SR-II(B), Janakpuri for reply from their end. (copy enclosed).Page 6 of 10
8. Reply for Question No. 8 to 45 is as under:- Record of this office is Voluminous in nature and maintained as per Registration No., Book No., Volume No., Page No., Date of Registration. Hence, As per Section 57 of Registration Act 1908, inspection the record can be done after depositing prescribed fees which is Rs. 100 per year on any working day from Monday to Friday (Between 3.00PM to 5.00PM) after depositing prescribed fees (between 10.00AM to 1.00PM) and apply for certified copy of document in this office.
46. Pertains to Revenue (HQ), Hence transferred vide letter No. No. SR- II/BDP/RTI/2022/1656 dated 08/12/2022 to Nodal Officer, RTI, Revenue (HQ) for reply from their end. (copy enclosed).
47. Pertains to e-SR-II(B), Janakpuri, hence transferred vide letter No. No. SR- II/BDP/RTI/2022/1655 dated 08/12/2022 to e-SR-II(B), Janakpuri for reply from their end. (copy enclosed).
48. Pertains to Revenue (HQ), Hence transferred vide letter No. No. SR- II/BDP/RTI/2022/1656 dated 08/12/2022 to Nodal Officer, RTI, Revenue (HQ) for reply from their end. (copy enclosed).
49. Same as above.
50. Same as above.
51. The reply has already been supplied vide RTI ID No. 1275. Further, 1st registry was made at office of e-SR-II, Basai Dara Pur is lease Rent deed vide R. No. 11507, Book No. 1, Vol. No. 20961 on page 84-87 dated 31/05/2013.
52. Pertains to e-SR-II(B), Janakpuri, Hence, transferred vide letter No. No. SR- II/BDP/RTI/2022/1655 dated 08/12/2022 to e-SR-II(B), Janakpuri for reply from their end. (copy enclosed).
53. Same as above.
54. Same as above.
55. The information sought by you is not specific.Page 7 of 10
56. Same as above.
57. Same as above."
Being dissatisfied, the appellant filed a First Appeal dated 03.12.2022. The FAA vide its order dated 25.01.2023, held as under:-
"The appeal was fixed for hearing on 20/01/2023. Sh. Malaya Kumar Chand, the appellant appeared in person. Sh. Devender Kumar, Junior Assistant appeared on behalf of PIO/eSR-II (B) (Basai Darapur).
The appellant has stated in his RTI appeal that he is not satisfied with the reply provided to him by PIO/eSR-II (B) (Basai Darapur). The appellant is advised to inspect the concerned record in the office of eSR-II (B) (Basai Darapur). The PIO/eSR-II (B) (Basai Darapur) is hereby directed to provide the requisite information subject to payment of requisite fee under RTI Act as allowed under the relevant Act & Rules and the orders issued by the Government/Department from time to time. Accordingly, the appeal is disposed off."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person Respondent: Ms. Renu Kohli, CPIO, office of e-Sub Registrar-II, Besai Dara Pur, New Delhi appeared in person.
The appellant inter alia submitted that he had purchased the Lower Floor of his residential property i.e. **/8, West Patel Nagar, ND-08 in Jan 2021, for his office use with proper verification / scrutiny and obtaining loan from a public bank. Much later it was found that another Registry Paper for a small part of same property has forged to create evidence in connivance with some officials Page 8 of 10 of e-SR-II, hence, the appellant sought aforesaid documents and sought inspection of those documents. He stated that no documents were produced to support the averments that the alleged forged document was transferred from e-SR-IIB /Janakpuri. He pleaded that even circular dated 13-07-2016 of office of Registration and Stamp Branch / Division Commissioner establishes that fraudulent Registration impersonation or production of false documents and evidence is occurring in large numbers. He further submitted that reply given by the respondent was incomplete, evasive and misleading.
The respondent while defending their case inter alia submitted that they had already provided point-wise reply to the appellant vide letter dated 12-12- 2022. They stated that most of the information sought by the appellant pertained to the PIO/E-Sub Registrar-IIB, O/o- E-Sub Registrar-IIB (Janakpuri), District Centre, Janakpuri, New Delhi, therefore, queries were transferred to them for providing information/reply directly to the appellant. Besides, the respondent informed that the appellant was called for inspection of the relevant records by the FAA vide order dated 25.01.2023. However, the same was not availed by the appellant. They also stated that information sought by the appellant was voluminous in nature, compilation of the same would disproportionately divert the resources of the respondent public authority.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the respondent has provided point-wise reply to the RTI application vide letters dated 05-12- 2022 & 12-12-2022. Perusal of the records reveals that information sought on point Nos. 1 to 3 of the RTI application was not replied till date. Ms. Renu Kohli, CPIO, office of e-Sub Registrar-II, Besai Dara Pur, New Delhi, appeared before the Commission and submitted that most of the information sought pertained to the PIO/E-Sub Registrar-IIB, O/o- E-Sub Registrar-IIB (Janakpuri), District Centre, Janakpuri, New Delhi, therefore, queries were transferred to them. However, as per the records, no reply was given by them (PIO/E-Sub Registrar-IIB, Janakpuri).Page 9 of 10
In addition to the above, the respondent during the hearing claimed that the information sought by the appellant was voluminous, disclosure of the same would disproportionately divert their resources. It is pertinent to mention that the FAA vide order dated 25.01.2023 asked the appellant for inspection of records, however, the same was not availed by him.
In view of the above, the respondents (PIO, Office of the e-Sub Registrar-II, Basai Darapur and PIO/E-Sub Registrar-IIB), Janakpuri, are directed to facilitate inspection of records relating to the information sought in the RTI application on a mutually decided date and time and provide photocopies of the requisite documents as per the provisions of the RTI Act, upon payment of requisite fee. The information as enjoy exemption under the RTI Act may not be allowed giving cogent explicit reasons in the true spirit of the RTI Act. The above directions shall be complied with, within a period of three weeks' time from the date of receipt of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) 05-04-2024 Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181827 Date Page 10 of 10 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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