Central Information Commission
Mr.Pankaj Kumar vs Ministry Of Defence on 2 July, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/003604
Appellant : Pankaj Kr. Mangoli
Respondent : Cantonment Board Ranikhet
Date of hearing : 2.7.2012
Date of decision : 2.7.2012
FACTS
Heard today dated 2.7.2012. Appellant not present. The Board is represented by Shri Ompal Singh, CEO, and Smt. Rama Negi, (CPIO).
2. The appellant has filed a rather longish appeal running into 10 pages before this Commission which is perused. The grievance of the appellant is that he is in occupation of a part of Survey No. 99/96 located in the jurisdiction of Cantonment Board, Ranikhet. It is his claim that he has not made any illegal construction on that part of the survey which is under his occupation and, yet, despite repeated requests since 2004, his part of survey has not been mutated in his name. On the other hand, Shri Ompal Singh submits that whether or not there is illegal construction on the appellant's portion of the survey is not relevant. What is relevant is whether there is encroachment of any portion of the Survey. If there is encroachment anywhere in the Survey, mutation can be done only after composition. He produces a copy of his letter dated 1.2.2011 addressed to the appellant wherein the appellant was required to take the following action:-
(a) submission of composition plan of illegal construction on Survey No. 99 /96; &
(b) expected cost of illegal construction.
3. He submits that no response whatsoever has been received from the appellant. He is emphatic that without submission of composition plan, mutation cannot be done in favour of the appellant.
4. It is a long pending matter. It is ordered that Shri Ompal Singh may give an opportunity of hearing to the appellant and advise him to take necessary steps for mutation in his favour after completion of all formalities.
5. This order may be complied with in 06 weeks time.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K L Das) Dy. Registrar Address of parties
1. The CPIO Ranikhet Cantonment Board, Ranikhet, Almora, Uttrakhand
2. Shri Pankaj Kumar Mangoli 560A, Old Abkari, Ranikhet, Almora, Uttrakhand