Central Information Commission
Mr.Rajinder Kumar Panwar vs Government Of Nct Of Delhi on 19 November, 2010
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/002767/10101
Appeal No. CIC/SG/A/2010/002767
Relevant Facts emerging from the Appeal
Appellant : Mr. Rajinder Kumar Panwar
19/26, 25 Feet main Road, Darshan Vihar (Nathupura road)
Burari, Delhi-110084
Respondent : Mr. S. K. S. Yadav
PIO & Additional Secretary Deptt. Of Urban Development (U.C. Cell), Delhi Secretariat, New Delhi -110001 RTI application filed on : 15/07/2010 PIO replied : No reply First appeal filed on : 16/09/2010 First Appellate Authority order : 30/08/2010 Second Appeal received on : 30/09/2010 Sl. Information Sought (9 points information) A Appellant requested for the reasons to use the name of the colony to give reply and for correspondence as mentioned in your letter no. 2008/RTI/UD/2216/2854 dated 5/7/2010 at Sr. no 14 your Deptt are using our name Shashtri Park Ext. Welfare Assoc. to give reply of RTI and other correspondence. The reason is not mentioned and it is against the rule and justice of residents of colonies. The Provisional certificate is issued by your Deptt vide no. 1487 are also using our name. However these two culprits Association name is different from their registration no. S/60388/2007 and 5/57740/2007. It is clearly shown that something is wrong and you are using our name.
B Since M/s UttraKhand Shashtri Park Extn. Welfare Assoc. (Regd. No 60388) was registered with Registrar of Societies on 22/11/2007 which is located at Salampur Majara Burari UttraKhand Enclave, Shashtri Park Extn. Delhi (Code not given) then how they can apply tar regularization in the year 2006, Appellant requested to submit their receipt no. and date of receipt with the deptt C Since Shashtri Park Extn. Welfare Association village Ibrahampur , Delhi -110036 located at Uttrakhand Enclave, Shastri Park Extn. VIII Ibrahampur, Delhi 36 which was registered with Register of societies on 25-1-2007. Then how they can apply for regularization in the year 2006, please submit their receipt no. and date of receipt by your deptt D If these two Associations apply for regularization then why not issued separate Provisional certificate, Appellant requested for the information with reason.
E If these two Associations made agreement /signed/meeting with us (Group of Colony) then provide the copy of same.
F Provide reasons for not issuing Provisional Certificate to our RWA named Shastri Park Ext. welfare Association--(Redg. No. S/40167/O1) NathuPura More, Phool Bagh Road, Burari, Delhi 84. as it is shown in the WEB NET today dated 15-7-2010.
G In record checked, we find that UD Department has issued Provisional Certificate to same colony name Kaushik Enclave adjoining the colony at Regd. No 287,696 -and 725 by violating the terms of clause 4 dated 24.3.2008 when Regd. no 725 has covered the complete are/colony of. Regd. no. 287 and
696.Appellant requested to supply the detail information with the reasons. H Appellant inquires about the Name which is shown different in their registration. Then why the UD (UC cell) issued Provisional Certificate to use our name Shastri Park Ext. Provide reasons with authentic proof.
I Provide the proof of Regd. no. 808 issued by your- Deptt. On 7-1-2005 to Shastri -Park Extension Nathu Pura More Burari Delhi-84 and president was Sh. Anand Ballabh Grounds for the First Appeal:
No reply from the PIO within the stipulated time period. Order of the First Appellate Authority (FAA):
The Town Planner present in the hearing assured that the papers/documents in the case file will be examined and needful corrective action will be taken, The Town Planner was directed to complete the said exercise within 15 days and reply accordingly to the appellant through the PlO within this given period.
Grounds for the Second Appeal:
No compliance with the orders of FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Rajinder Kumar Panwar;
Respondent: Mr. Ajay Yadav, Dy. Secretary (UC Cell) on behalf of Mr. S. K. S. Yadav, PIO & Additional Secretary;
The appellant has tried to highlight the fact that the Urban Development Department has registered two other societies in the name of his society. The Appellant's society is Shastri Park Extension Welfare Association (Regd.) at Naththupura Mod, Phoolbagh Road, Burari, Delhi 1100084 who has been given registration number 40167. Two other societies namely Uttrakhand Shastri Park Extn. Resident Welfare Association with a registration no. 60388 and Shastri Park Extension Welfare Association, Village Ibrahimpur, Delhi 110036 with registration no. 57740 have also been called by the name "Shastri Park Extension Societies". Further the Shastri Park Extension Village, Ibrahimpur, Delhi 100036 has applied with registration no. 808 in the GNCTD list which is actually the registration number of the Appellant's society. The respondents admit that these mistakes have occurred inadvertently. The Commission therefore directs the respondents to issue a letter to the Appellant confirming this and also to make the necessary correction on the website and the records.
Decision:
The Appeal is allowed.
The Commission directs the PIO to issue a letter to the Appellant as directed above and also make the necessary corrections in the records of the Public Authority and on the website. This will be done before 20 December 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 19 November 2010 (In any correspondence on this decision, mention the complete decision number.)(RLM)