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Hukam Chand Rana vs Gnctd on 7 May, 2025

                             के ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                         नई िद      ी, New Delhi - 110067


File No : CIC/GNCTD/A/2024/101186

Hukam Chand Rana                                            .....अपीलकता/Appellant

                                         VERSUS
                                          बनाम


PIO,
SDM (Alipur), DC (North) Office
Complex, GTK Road, Alipur,
Delhi - 110036                                            .... ितवादीगण /Respondent

Date of Hearing                      :    01.05.2025
Date of Decision                     :    06.05.2025

INFORMATION COMMISSIONER :                Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on             :    06.09.2023
CPIO replied on                      :    Not on record
First appeal filed on                :    12.10.2023
First Appellate Authority's order    :    29.11.2023
2nd Appeal/Complaint dated           :    10.01.2024

Information sought

:

1. The Appellant filed an RTI application (offline) dated 06.09.2023 seeking the following information:

"Most respectfully I beg to submit my application reg. Kh No. 1028, 1032, 1033 village Siras pur Delhi.

1. That the applicant is the Co Owner/Co Bhumidar in Kh No 1028, 1032, 1033 Village Siras Pur Delhi.

2. That the following are the Co-Bhumidars/Co Owners in the Kh No 1028, 1032, 1033 Village Siras Pur Delhi-42

-Ram Kishan S/O Bhartu 3/16 share

-Ram Chander S/O Bhartu 5/16 sha

-Charan Singh S/O Giani Ram 1/12 share and after his death Sanjeev & Charan Singh 1/12 share

-Hukam Chand S/O Giani Ram 1/12 share.

-Mahinder Singh S/O Giani Ram 1/12 share & after his death Anil, - Parveen and Parvesh his sons 1/12 share

-Pritam Singh S/O Giani Ram 1/12 share

-Rajiv & Sanjeev S/O Baldev Singh 1/12 share

-Tej Singh & Jora Singh S/O Balwant Singh 1/12 share.

3. That I obtained Farad Khatoni of Kh No 1028 (1 Bigha 1 Biswa) Kh No 1032 (5 Biswas) Kh No 1033 (13 Biswas) of Extended Lal Dora Siras Pur Delhi-42. I am surprised that there are various changes in the shares of Co Owners which are given below: REGARDINE KANG 1033

-Kamlesh W/O Sanjeev 5/18 share

-Sanjeev S/O Charan Singh 13/45 share

-Hukam Chand S/O Giani Ram 1/12 share

-Parvesh, Anil & Parveen S/O Mahinder Singh 1/12 share

-Pritam Singh S/O Giani Ram 1/12 share

-Rajiv & Sanjeev S/O Baldev Singh 1/12 share

-Tej Singh & Jora Singh S/O Balwant Singh 1/12 share

4. That the names of Ram Kishan 3/16 share and Ram Chander 5/16 share are missing from the Farad Khatoni of Kh No 1033, (13 Biswas) Village Siras Pur Delhi-42.

Regarding Kh No 1028 (1 Bigha 1 Biswa) and Kh No 1032 (5 Biswas)

-Sanjeev S/O Charan Singh 13/48 share

-Hukam Chand S/O Glani Ram 1/12 share

-Parvesh, Anil & Parveen S/O Mahinder Singh 1/12 share

-Pritam Singh S/O Giani Ram 1/12 share

-Rajiv & Sanjeev S/O Baldev Singh 1/12 share

-Tej Singh & Jora Singh S/O Balwant Singh 1/12 share

-Ram Chander S/O Bhartu 5/16 share

5. That the name of Ram Kishan is missing in Kh. No 1028 & 1032

6. That the changes in Farad Khatoni of Kh No 1028 1032, 1033 of Village Siras Pur reflects some cheating/forgery or some inadvertent mistake of Page 2 of 5 revenue offiaials.I have a right to know the real situation regarding changes in Farad Khatoni being Co owner.

It is requested that Certified Copies of the following documents may kindly be supplied to ascertain the real facts of changes in the farad khatoni of Kh No 1028, 1032, 1033.

The Registry (Sale Deed) on which the changes have been effected in Kh No 1028, 1032, 1033 Village Siras Pur Delhi

- The Certified copies of the statements of persons on the basis of which the changes in Farad Khatoni of 1028, 1032, 1033 Village Siras Pur have been affected. F

- The Process (Karwai) of Revenue Officials on the basis of which the changes in farad khatoni of Kh No 1028, 1032, 1033 Village Siras Pur have been affected."

2. Having not received any response from CPIO, the appellant filed a First Appeal dated 12.10.2023. The FAA vide its order dated 29.11.2023, held as under.

"During the hearing, appellant stated that reply/information has not been received from the PIO till date. Perused the RTI application and RTI appeal found that no reply provided by the PIO to the appellant. Hence, PIO/SDM/AP is directed to provide point wise and correct information/reply & should ensure correct reply be provided with RTI questions in prescribed format to the appellant within 15 days as per RTI Act-2005.

Appeal is disposed off accordingly."

3. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Present in person.

Respondent: Not Present.

4. The Respondent is not present in the hearing despite receipt of hearing notice in advance.

5. The Appellant, during the hearing, reiterated the contents of the RTI application and instant appeal and submitted that till date information has not been provided to him by the Respondent even after directions given by the FAA.

6. The Appellant stated that much time has elapsed but no information is provided to him.

Decision:

7. The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the Appellant in his second appeal is aggrieved that no information was provided to him by the Respondent till date.

8. The Commission further observes that the FAA vide its order dated 29.11.2023 had specifically given directions to the PIO that "During the hearing, appellant stated that reply/information has not been received from the PIO till date. Perused the RTI application and RTI appeal found that no reply provided by the PIO to the appellant. Hence, PIO/SDM/AP is directed to provide point wise and correct information/reply & should ensure correct reply be provided with RTI questions in prescribed format to the appellant within 15 days as per RTI Act-2005."

9. There is nothing on record to show that if any reply was given to the Appellant on his RTI application after the directions given by the First Appellate Authority. Further, the Respondent is not present to contest the second appeal of the Appellant. It shows mala fide intent of the PIO in obstructing the information under the RTI Act.

10. In view of the above observations, the Commission directs the Respondent to provide point-wise reply/information sought in the above- mentioned RTI application to the Appellant as per the directions given by the FAA.

11. The aforesaid direction shall be complied with by the CPIO within four weeks from the date of receipt of this order.

12. Notwithstanding the above order, since the PIO has not provided information to the Appellant under the RTI Act and remained absent during the hearing proceedings to present their case, the PIO is directed to show- cause in writing as to why maximum penalty should not be imposed on her/him for contravening the provisions of the RTI Act and for disregarding the Commission's notice of hearing by not appearing before the Commission. The written submissions of the PIO shall be sent to the Commission within four weeks of the receipt of this order.

13. The FAA is directed to ensure compliance of this order.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:

The FAA, ADM (North), DC (North) Office Complex, GTK Road, Alipur, Delhi - 110036 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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