Central Information Commission
Gian Chand vs Gnctd on 11 May, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal Nos. CIC/DOURD/A/2017/147191
CIC/GNCTD/A/2017/147190
CIC/ADDDM/A/2017/155589
Shri Gian Chand ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Sub Divisional Magistrate, Alipur (Delhi)
PIO, Dy. Secy.(UD) Dept. of UD,IP Estate,
New Delhi
PIO, Dy. Secy.(LB), Directorate of Local Bodies,
IP Estate, New Delhi
PIO, Block Development Officer (North), Alipur, ...प्रनतवादीगण /Respondents
Delhi
Through: Ms. Jasvinder Kaur- AD(Plg)MP&DC;
Ms. Shikha Bhargav - Dy. Dir. (Plg) MP
Date of Hearing : 29.04.2019
Date of Decision : 29.04.2019
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case No. RTI Filed on CPIO reply First appeal FAO
147190 12.04.2017 Nil 17.05.2017 13.06.2017
147191 10.01.2017 Nil 27.02.2017 04.05.2017
155589 30.01.2017 Nil 15.03.2017 05.04.2017
Information soughtand background of the case:
CIC/DOURD/A/2017/147191 The Appellant filed an RTI application dated 10.01.2017 before the Deptt. of Urban Development, GNCTD, seeking information about a copy of circular Page 1 of 4 dated 28.09.2011 of MCD pertaining to street width and clearance from Rev/Service deptt/Fire etc. in respect of Lal Dora Building plans. Information on following two points were sought:-
1. Action taken on receipt of Notification be informed.
2. A copy of the letter vide which that has been sent to the Divisional Commissioner for further circulation be provided. Having received no reply from the PIO, appellant filed First Appeal dated 21.02.2017. FAA by order dated 04.05.2017 stated as follows "....in view of the above, PIO(LB) is directed to get the photocopy of the notification dated 17.01.2011 from the Appellant, being an important notification issued by DDA and further to make efforts to provide copy of forwarding letter issued by UD Dept. to Divisional Commissioner for implementation of provision of the Notification within 15 days time positively".
Feeling aggrieved over non-compliance of the FAA, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant alone is present whereas none is present for the respondents despite service of notice of hearing.
Dy. Director (RTI), DDA has submitted written submissions dated 10.04.2019 which indicates the RTI application dated 10.01.2017 was received in their office on 16.01.2017 and duly forwarded to the Dy. Director, Planning by letter dated 20.01.2017. Since none of the information sought pertained to them, hence no information could be furnished by them.
Appellant states that the implementation of the notification was to be done by the Department of Local Bodies, who have neither appeared nor implemented the DDA notification.
Respondent from the O/o Director of Local Bodies has submitted a written submission dated 03.04.2019 which reveals that the RTI application was transferred to the PIO(HQ), South, North and East DMC vide letter dated 25.01.2017. The PIO/Dy. Director(Local Bodies)- Sh. Pawan Chopra has further submitted that in compliance with the FAA's order dated 04.05.2017, a copy of the DDA notification dated 17.01.2011 was forwarded to the Div.
Commissioner vide covering letter dated 09.05.2018, to provide the action taken report.
Decision:
On a combined perusal of records of the case and averments of the parties, it is noted that Sh. Pawan Chopra - the PIO/Dy. Director(Local Bodies) complied with the FAA's order dated 04.05.2017, by forwarding the same to the Divisional Commissioner vide letter dated 09.05.2018, a year ago. No explanation is found for the inordinate delay of over one year in complying with the FAA's directions. Moreover, the submission of the PIO, LB is not a conclusive response to the queries of the appellant, it is only an evasive and time barred communication, which clearly fails to satisfy the query of the Appellant. Though such violation of timeline and non-compliance of FAA's order attracts penal action, yet taking a lenient view, the Commission hereby Page 2 of 4 directs Sh. Pawan Chopra - the PIO/Dy. Director(Local Bodies) to obtain the relevant Action Taken Report from the Divisional Commissioner and provide the information to the appellant within three weeks from the receipt of this order, under intimation to the Commission.
CIC/GNCTD/A/2017/147190 The Appellant filed an RTI application dated 12.04.2017 seeking information on three points which are as follows:-
1. Total area of Khasra No. 91 Alipur may be informed.
2. Total Numbers of min of Khasra 91 in 91/1 min to 91/37 onwards with the numbers of the Bhumidar may be informed.
3. As and when mutation of plot in Ext. Lal Dora is recorded the demarcation as recorded as per Sale Deed be informed. Having received no reply from the PIO, appellant filed First Appeal dated 17.05.2017. FAA by order dated 13.06.2017 directed the PIO/SDM, Alipur to provide the information within 7 days as per RTI Act.
Feeling aggrieved over non-compliance of the FAA, Appellant approached the Commission with instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant states that partial information has been provided to him but since no layout plan of Lal Dora land has been prepared by the authorities, hence the information in this respect could not be provided.
Two documents have been placed on record by the PIO/APIO, Alipur, one of which is dated 16.05.2017 and the other dated 19.07.2017, whereby the RTI application appears to have been answered, though not conclusively.
Decision:
Upon examination of facts of the case, the Commission notes that neither the PIO/SDM, Alipur has submitted any written submission nor is he represented to assist the Commission with the factual position of the case at hand. As a consequence, the process of adjudication is vitiated, for want of complete facts related to the subject matter. Furthermore, it is noted that the PIO has not explained the cause of delay in furnishing the information. In view of such unexplained delay in providing a response against the RTI application and causing disruption in dissemination of information, the Registry of this Bench is directed to issue SHOW CAUSE NOTICE on the then PIO/SDM, Alipur, to be served through the current PIO/SDM, Alipur. The Noticee must respond with a reasonable explanation as to why penal action should not be initiated against him for non furnishing of response till the FAA's directions and causing obstruction to the flow of information. Response from the Noticee must be submitted atleast one week prior to the scheduled hearing of the Show Cause case.Page 3 of 4
CIC/ADDDM/A/2017/155589 The Appellant filed an RTI application dated 30.01.2017, seeking information on two points which is as follows:-
1. Action taken on FCI letter dated 30.11.2016 and our letter dated 24.09.2016.
2. Action taken on the preparation of layout of Bakoli land in question.
Having received no reply from the PIO, appellant filed First Appeal dated 15.03.2017. FAA order dated 05.04.2017 directed the Consolidation officer and Settlement Officer/PIO to provide the reply as sought by the Appellant vide RTI application dated 30.01.2017 within 7 days as per RTI Act.
Feeling aggrieved over the non-compliance of the FAA, Appellant approached the Commission with instant Second Appeal.
Facts emerging in Course of Hearing:
The appellant alone is present for hearing and states that he is aggrieved by non receipt of any information in response to his RTI application. None present for the respondent.
Decision:
In the light of the facts of the case, it is noted that neither the PIO/SDM, Alipur has submitted any written submission nor is he represented to assist the Commission with the factual position of the case at hand. As a consequence, the process of adjudication is vitiated, for want of complete facts related to the subject matter. There is no explanation or submission explaining the cause of non furnishing of information and defiance of the specific orders of the FAA. In view of such unexplained denial in providing response against the RTI application, disruption in dissemination of information and violation of the provisions of the RTI Act, the Registry of this Bench is directed to issue SHOW CAUSE NOTICE on the then PIO/SDM, Alipur, to be served through the current PIO/SDM, Alipur. The Noticee must respond with a reasonable explanation as to why penal action should not be initiated against him for non furnishing of response and causing obstruction to the flow of information. Response from the Noticee must be submitted atleast one week prior to the scheduled hearing of the Show Cause case.
Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/011-26180514 Page 4 of 4