Central Information Commission
Mr. Mohan Kumar Kashyap vs Office Of The Industrial Commissioner, ... on 28 May, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/000746/3465
Appeal No. CIC/SG/A/2009/000746
Relevant Facts emerging from the Appeal
Appellant : Mr. Mohan Kumar Kashyap
9/3170, Gali No. 4,
Dharmpura, Gandhinagar,
Delhi-110031.
Respondent : Public Information Officer
Office of the Industrial Commissioner,
NCT, Delhi Govt.,
419, Udyog Bhawan,
Patparganj Industrial Region,
Delhi-110092.
RTI application filed on : 26/08/2008
PIO replied : 24/09/2008
First appeal filed on : 25/10/2008
First Appellate Authority order : 27/11/2008
Second Appeal received on : 09/04/2009
Information sought: -
The appellant in his RTI application has sought clarification whether the order of the Hon'ble Supreme Court have been implemented regarding the sealing in non-organized residential area. If the sealing has taken place then give the name of the non-residential area in which drive has taken place. He has asked about the number and percentage of the production unit of different scale running in Gandhi Nagar Constituency. He has also enquired about the rights of the Vigilance Committee constituted by the Hon'ble Supreme Courtand NPC and asked whether the Court had granted permission to set up heavy computer embroidery machines in the same region and he wanted to know the number of the machines set up there. He has also sought clarification about the companies which are having building of ground floor o third floor and asked whether they have been allowed to build such building in hundred percent of its land and what steps have been taken against these companies for defying the court's order. The appellant had asked 5 questions in his RTI application in Hindi.
The PIO's Reply:
The PIO replied to the appellant's 3rd question only and he said that rest of the question did not belong to his office.
The First Appellant Authority's Order:
The First Appellant Authority ordered, "It has been observed that whatever information has been sought by the appellate in his 4 questions, that is in quite detail and several questions are embedded in these four questions. SPIO has clearly stated that the answers of these questions are not available with this office and information of question no. 3 has been provided to the appellant. It has been observed that the maximum parts of the questions are related to Land and Planning Office like DDA, so SPIO/JCI should transfer the application before DDA so that the appellate can avail the information. SPIO/JCI should inspect these questions again and if it has information of any of these question then supply the same to the appellate within 15 days."
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Mohan Kumar Kashyap Respondent: Mr. J.S.Choudhary, PIO The PIO will give the following information to the appellant: 1- The appellant wanted copy of survey report which he believes should exist before issuing the public notice mentioned in his application. The PIO states that no such survey has been done by the industries department, Government of Delhi. The PIO is directed to inform the appellant in writing. 2- The PIO states that no permission have been given by the industries department of Delhi Government for setting up industries in Gandhinagar. The PIO will give this information to the appellant in writing.
Decision:
The appeal is allowed.
The PIO will give the information as described above to the appellant before 10 June 2009.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 28 May 2009 (In any correspondence on this decision, mentioned the complete decision number.) (GJ)