Central Information Commission
Mr.Surjeet Singh Malhotra vs Government Of Nct Of Delhi on 12 February, 2014
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/AD/A/2012/003473SA
(Surjeet Singh Malhotra Vs. Revenue Dept., GNCTD)
Appellant : Surjeet Singh Malhotra
Respondent : Revenue Dept., GNCTD
Date of hearing : 6.2.2014
Date of decision : 12.2.2014
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) of the
RTI Act
Result : Appeal allowed / disposed of
FACTS
Heard on 6.2.14. Appellant not present. Public Authority is represented by Shri Rameshwar, Sub Registrar.
2. The para 3 of the Commission's decision of even No. dated 20.1.14 is reproduced below:
3. During the hearing, the Respondent Officer who has joined today explained that Appellant should have sought inspection and if he finds any documents relevant, he could have asked for a copy of BookI which deals with property transactions. He, however, added that BookIII dealing with Wills and BookIV dealing with GPA cannot be given as per Section 57 of the Registration Act, 1908. The Commission explained to PIO that RTI Act was provided an overriding effect over Registration Act, 1908 and information sought cannot be withheld citing provisions of Registration Act, 1908. The Commission directs the PIO, as assured by him, to facilitate inspection by Appellant and provide such information as can be given under RTI Act, without denying it under Registration Act. The matter is posted for further hearing at 3.00 pm on 6.2.14.
3. During the hearing, the Respondent officer submitted that they waited for the Appellant to come and inspect as per the directions of CIC, but he did not turn up. However, the Respondent contended that according to Registration Act, 1908, they cannot share copy of the GPA to the Appellant. The Commission once again explained to the Respondent that RTI Act overrules the provisions of Registration Act. As far as disclosure of information is concerned, GPA is neither third party nor private information. GPA which means General Power of Attorney is nothing but authorizing of other person by the owner of the property to transfer the property on his behalf which again means representing the owner in the Registration Office. GPA is identified with the owner of the property. Both of them together will be considered as one party.
The registration of the transaction over the property is done by State Department with the purpose of putting the information about the transaction to the notice of the public and it is a public document. The Registration Office is under an obligation to provide the information about the registration of a transaction (transfer of property) to anybody who is interested in knowing it. RTI, however, reiterates it, confirms it, mandates it that such public information be shared with anybody who is seeking it. Hence, the PIO is directed to provide a copy of the GPA to the Appellant within three weeks of receipt of this order.
4. The appeal is disposed with the above direction.
(M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Babu Lal) Dy. Registrar Address of parties
1. The CPIO O/o Sub Registrar(Mehrauli) Govt. of NCT of Delhi Old Tehsil Building Mehrauli New Delhi 110 030
2. Shri Surjeet Singh Malhotra C41, L.G.F Jungpura Extension New Delhi 110 014