Central Information Commission
Shyam Vir Singh vs Gnctd on 31 July, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/GNCTD/A/2024/111684
Shyam Vir Singh .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Office of the District
Magistrate (South), M B Road,
Saket, New Delhi-110068 .... ितवादीगण /Respondent
Date of Hearing : 28.07.2025
Date of Decision : 31.07.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 16.01.2024
CPIO replied on : 30.01.2024, 13.09.2024
First appeal filed on : 21.02.2024
First Appellate Authority's order : 19.07.2024
2nd Appeal/Complaint dated : 09.04.2024
Information sought:
1. The Appellant filed an RTI application dated 16.01.2024 (offline) seeking the following information:
"1) The applicant had submitted the enclosed application dated 19-09-
2023 addressed to Dy. Commissioner (South), regarding illegal vesting of private lands in Sarkar Daulatmadar. The date wise action taken on the above application and orders passed by Dy. Commissioner (South) may Page 1 of 7 be intimated and copies of the file notings/orders may be made available.
2) How may revenue appeals on the orders passed by Tehsildars/ SDM's of Distt. (South) were filed in the court of Distt. Collector (South) after the present incumbent joined his post as Collector (South)?
3) How many revenue appeals on the orders passed by Tehsildars/ SDMs of Distt. (South) were pending in the court of Collector (South) on the date of joining of the present Collector (South)?
4) How many revenue appeals pending in the court of Collector (South) have been heard by present Collector (South), since his joining the post and how many have been disposed off after hearing?
5) On how many days (please indicate the dates) the Collector (South) held the court and heard the revenue appeals, since his joining his current post.
6) How many appeals have been part heard and pending for decision in the court of Collector (South) since the present incumbent joined his post?
7) It may be intimated, whether the powers of Collector (South) to hear revenue appeals on the orders passed by Tehsildars/ SDMs are intact or have been withdrawn? If withdrawn or suspended, copy of the order may be provided.
8) The applicant had submitted a representation dated 9ª November, 2023, addressed to Divisional Commissioner, Govt. of NCT of Delhi, regarding harassment, unlawful cancellation of mutation(s) and vesting land in Sarkar Daulatmadar in village Saidulajaib, Distt. South. This representation received from the office of Divisional Commissioner was diarised on 23-11-2023 (Diary No. 50506) in the office of Dy. Commissioner (South). The action taken on the above representation may be intimated and copies of file notings/orders made available to the applicant.
9) The applicant has come to know through newspapers that Chief Secretary, GNCT of Delhi has appointed a committee of officers to review the functioning of all the offices of Dy. Commissioners (Revenue) and suggest measures for their improvement. It may be intimated whether Page 2 of 7 the committee has visited the office of Dy. Commissioner (South), held meetings with officers (datewise) and suggested any measures for improvement? If a report has been submitted by the committee to higher officers is available in the office of Dy. Commissioner (S), a copy of the same may be provided."
2. The PIO transferred the RTI application with a copy marked to the Appellant on 30.01.2024 stating as under:
".....(i)The PIO/SDM (Mehrauli), Old Tehsil Building Mehrauli, New Delhi- 110030
(ii)The PIO/SDM (Hauz Khas), M. B. Road, Saket, New Delhi-110068
(iii) The PIO/SDM (Saket), New Building, M. B. Road, Saket, New Delhi-
110068 Please find enclosed herewith an offline RTI application received from Sh. Shyam Vir Singh R/o 84-F, C-6 Lane, Central Avenue, Sainik Farms, Khanpur, New Delhi-110080 (SDM (HQ), Dy. No. 2360 dated 19.01.2024 & RTI ID No. 42-T/RTI/2024 dated 23.01.2024, seeking information u/s 6 of RTI Act, 2005.
In case it 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."
3. Being dissatisfied, the appellant filed a First Appeal dated 21.02.2024. The FAA vide its order dated 19.07.2024, held as under:
"On 17.07.2024, the matter was taken up for hearing. Notice for attending the appeal was issued to appellant. Wherein, Sh. Shyam Vir Singh, appellant attended the hearing. None appeared on behalf of SPIO/SDM (HQ).
The documents placed on record were perused. The appellant has sought the information w.r.t. Revenue Appeals (assumed as appeals under DLR Act) filed in the court of District Collector (South), since; the present incumbent joined his post on 06.03.2023 and how many such appeals have been disposed off and how many appeals are pending for decision in his court. Further, the appellant also sought information related to powers of Collector (South) to hear appeal and pass the orders. During the hearing, appellant also informed that the SO (RTI) has forwarded his Page 3 of 7 RTI application to all the SDMs whereas; the information pertains to the office of DC (South).
The information sought pertains to the office of DC (South) which needs to be provided by the CPIO of the District by collecting the informed from the Reader of the DC (South). However, it is seen that the APIO/ Section Officer (RTI) of the O/o SDM (HQ) unnecessarily forwarded the RTI of the appellant Sh. Shyam Vir Singh to the three SDMs (Saket, Mehrauli & Hauz Khas without application of mind.
Therefore, the CPIO/PIO/SDM (HQ) is hereby directed to collect the information from the O/o the DC (South) through his Reader and furnish the information to the appellant within 07 days of issue of this order.
The appeal is disposed-off, accordingly."
4. In compliance of FAA's order, the PIO, O/o the district Magistrate (South), M.B. Road, Saket, New Delhi furnished a point-wise reply to the Appellant on 21.08.2024 stating as under:
"1 No information available.
2 Information in this format as sought is not maintained by this office.
3 Information in this format as sought is not maintained by this office.
4 Information in this format as sought is not maintained by this office.
5 Information in this format as sought is not maintained by this office.
6 Information in this format as sought is not maintained by this office.
7 No information is available.
8 No information available.
9 No information available."
5. Further, the PIO, O/o the APIO/Tehsildar (Saket), Old traffic Court Complex, M.B. Road, Saket, New Delhi furnished a point-wise reply to the Appellant on 13.09.2024 stating as under:
Page 4 of 7"1 Pertains to Reader to Collector (South) 2,3 Does not pertain to this office 4 -do-
5,6 -do-
7 -do-
8 Does not pertain to this office 9 Does not pertain to this office."
6. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
7. A written submission dated 24.07.2025 filed by Shri Pawan Kumar, PIO, SDM (HQ), District South, New Delhi is taken on record. Contents of the same are reproduced below:
"...In this regard, it is submitted that the applicant had filed an RTI application vide diary No. 2360 dated 19.01.2024 and RTI ID No. 42- T/RT1/2024, seeking Information related to illegal vesting of private lands in Sarkar Daulatmadar and the information on date wise action taken on application and orders passed by Dy. Commissioner (South) and also copies of the file notings/orders were sought.
In pursuance of sub-section (3) of Section 6 of the RTI Act, 2005, the said RTI application was transferred by the PIO/SDM (HQ) to SDM (Hauz Khas), SDM (Saket) and SDM (Mehrauli) being deemed PIO vide letter No. F.No. DM (S)/SDM (HQ)/RT1/2024/42T dated 30.01.2024. Copy of the said transfer letter is annexed as (Annexure-I).
The Appellant/Applicant filed a First Appeal vide Diary No. 6484 dated 21.02.2024 before the First Appellate Authority/ADM (South), stating that despite a lapse of more than 30 days no reply to their RTI application had been received as of 21.02.2024. The First Appellate Authority, vide order dated 9.07.2024, directed the CPIO/PIO/SDM (HQ) to collect the information from me O/o the DC (South) through his Reader and furnish the information to the appellant however no directions were issued to PIO/SDM (Hauz Khas, Saket ad Mehrauli), to Page 5 of 7 whom the original RTI was transferred by PIO/SDM (HQ). Copy of First Appeal application along with copy of notice dated 12.07.2024 FAA order dated 19.07.2024 are annexed as (Annexure-II) In compliance with the said direction of FAA dated 19.07.2024 the office of DM (South) sent a reply to the applicant, Sh. Shyam Vir Singh, vide their letter No. F.No. PA/DM/2024/130 dated 21.08.2024. (The copy of the same is annexed as Annexure-III). Also, the intimation of same was furnished to the FAA (South) by PIO, HQ (South) and copy of same endorsed to the applicant, Sh. Shyam Vir Singh, providing with copy of reply of PA to DC (South) dated 21.08.2024 vide this office letter No. F.No. DM (S)/SDM (HQ)/2024/679-680 dated 03.09.2024. (A copy of same is annexed as Annexure-IV).
The applicant had filed an appeal before the Hon'ble Commission on 09.04.2024 before for FAA's order and its compliance. It is pertinent to mentioned that the RTI application of Sh. Shyam Vir Singh was duly transferred by the APIO/PIO (South) to the All Sub Divisions, being deemed PIO vide letter dated 30.01.2024. Further, as per directions of FAA (South) reply of the RTI was also provided to the applicant vide letter dated 21.08.2024. (Copy enclosed) In view of the above circumstances, it is submitted that the directions of FAA has been complied and the reply was sent to the applicant by the deemed Therefore, it is most humbly prayed that the Hon'ble Commission may please accept the present submission on record. It is further assured that the undersigned shall abide by the directions of Hon'ble Commission."
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.
Respondent: Shri Pawan Kumar, SDM/PIO present in person.
8. Proof of having served a copy of second appeal/complaint on respondent while filing the same in CIC on 09.04.2024 is available on record.
9. The Commission is in receipt of a letter dated 21.07.2025 from the Appellant wherein he expressed his inability to participate in the hearing owing to personal reasons. He prayed the Commission to either postpone the hearing or to decide the case on merits. Since a substantial time has already been Page 6 of 7 elapsed during pendency and listing of this matter, the Commission deems it fit to decide the instant Appeal on merits.
10. The Respondent by placing reliance on his written submission stated that an initial reply has been given to the Appellant vide letter dated 21.08.2024 and 13.09.2024. Further, upon receipt of hearing notice from the Commission a revised updated reply clarifying factual position was provided to the Appellant vide written submission dated 24.07.2025.
Decision:
11. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records observed that as far as RTI application is concerned appropriate reply has been provided to the Appellant earlier and also now vide written submission dated 24.07.2025 which is treated as revised and updated reply, as the same were found to be in consonance with the provisions of the RTI Act. However, a copy of the said written submission has not been supplied to the Appellant, the same should be provided to the Appellant along with enclosures, free of charge, within one week of the date of receipt of this order. Proof of having sent the same to the Appellant be uploaded on the link given in para 4 of CIC hearing notice.
12. No further relief can be granted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Office of the District Magistrate (South), M B Road, Saket, New Delhi-110068 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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