Central Information Commission
Sunder Lal Yadav vs Office Of The Additional Distt. ... on 19 December, 2023
केन्द्रीय सच
ू ना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No : CIC/ADDDM/A/2023/112820
SUNDER LAL YADAV .....अपीलकर्ाग/Appellant
VERSUS
बनाम
PIO,
O/o Sub Divisional Magistrate
(Punjabi Bagh), GNCTD, Main Rohtak
Road, Nangloi, Delhi -110041 ....प्रनर्वािीगण /Respondent
Date of Hearing : 12-12-2023
Date of Decision : 14-12-2023
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 07-09-2022
CPIO replied on : 11-10-2022
First appeal filed on : 07-11-2022
First Appellate Authority's order : 29-12-2022
2nd Appeal/Complaint dated : 20-03-2023
Information sought:
The Appellant filed an RTI application dated 07.09.2022 seeking the following information:
"I SUNDER LAL S/O LATE SH. MANI RAM R/O WZ-391, MADIPUR VILLAGE NEW DELHI-110063, My Father expired on 17-09-2000 and my mother predeceased 1 the father. My father was the Bhumidar/owner of KHASRA NO-821, SITUATED in the abadi of MADIPUR VILLAGE in which dharamshala, well, Piyau etc were situated Total land was 2 Bigha 9 Biswa, acquired as per detail 1 Begha 14 Biswa vide award no-1691, 0-11 Biswa vide award No-1870, and 0-2 Biswa vide award No-76-A/70-71, supplementary. Lastly 0-2 Biswa land remain, and which is Unacquired land and never been acquired by Govt.
1. Now you are requested to provide the AKS SHAJRA of our remaining land of 0-2 Biswa in this Khasra No-821, Madipur Village.
2. Give us the latest status of this Khasra No-821 and remaining unacquired land with documentary proof i.e Khatoni/Girdawary.
3. Please provide the Copy of field book of this Khasra No-821 showing the remaining land.
4. My father was the owner of some other lands in the name of MANI RAM S/O SH. NATHAN in other Khasra i.e 1108/2, and 1111/2 and may be more, if any, please provide the latest status of Unacquired land in the Name of my father LATE SH. MANI RAM S/O LATE SH. NATHAN R/O VILLAGE MADIPUR.
5. Please provide details of the Department and officials responsible for maintaining and Updating Record of the mentioned land with proper Addresses."
The CPIO furnished a pointwise reply to the Appellant on 11.10.2022 stating as under:
"Point No. 1: प्राथी ककसी भी कायगदिवस में समय 11:00am से 1:00pm में कायागलय आकर ररकार्ग का अवलोकन करने के बाि संबंधिर् ररकार्ग की नकल ले सकर्ा है । Point No. 2 to 5: उपरोक्र् अनुसार |"
Being dissatisfied, the appellant filed a First Appeal dated 07.11.2022. The FAA vide its order dated 29.12.2022, has directed the PIO/SDM (Punjabi Bagh) to provide a fresh reply to the appellant within 15 days.
2Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Bhagwant Singh, Tehsildar (PB) & APIO and Shri Nishant Patwari, Tehsil, Punjabi Bagh present in person.
The written submissions of the Respondent are taken on record.
The Appellant, during the hearing, reiterated the contents of his RTI application and submitted that he is not satisfied with the response/information provided to him by the Respondent. He stated that incomplete information was provided to him by the Respondent. He clarified that status of unacquired land as sought in the RTI application was not provided to him.
The Respondent submitted that information sought by the Appellant on point nos. 1 to 3 of the RTI application has already been provided to the Appellant. The Respondent further submitted that information sought on point no. 4 is not held by them in their Public Authority. The same may be available with LAC.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the Appellant is not satisfied with the response given by the CPIO on his RTI application.
The Commission observes that the Appellant has sought specific information in his RTI application regarding his own land but despite the fact, the Respondent has not furnished cogent, specific, and complete information to the Appellant. The Commission is of the view that if the information sought pertains to some other department/division, then it is the duty of the CPIO under the RTI Act to either transfer the RTI application on the said points to the concerned CPIO under Section 6(3) of the RTI Act or to take assistance under Section 5(4) of the RTI Act from the concerned CPIO and then provide information to the 3 Appellant. But in the instant case, the Respondent has failed to do so any of the exercise.
Therefore, in the interest of justice, the Commission directs the Respondent to take assistance under Section 5(4) of the RTI Act from the concerned CPIO and collect information as sought in the RTI application and provide revised point- wise reply/information to the Appellant, as per the provisions of the RTI Act, within a period of three weeks from the date of receipt of this order.
The Commission further observes that there is a delay in providing information to the Appellant on his RTI application. In view of this, the Respondent is directed to be cautious in future and ensure that information should be provided to the RTI applicants within stipulated time as per the provisions of the RTI Act.
No further intervention of the Commission is required in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सच ू ना आयक् ु ि) Authenticated true copy (अभभप्रमाणणर् सत्यापपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181927 Date 14-12-2023 SUNDER LAL YADAV WZ-391 MADIPUR VILLAGE, New Delhi -110063 4