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[Cites 5, Cited by 0]

Central Information Commission

Mr.Adarsh Kumar Handa vs Government Of Nct Of Delhi on 22 June, 2011

                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                            Decision No. CIC/SG/A/2011/001068/13015
                                                                    Appeal No. CIC/SG/A/2011/001068

Relevant facts emerging from the Appeal:

Appellant                            :     Mr. Adarsh Kumar Handa,
                                           WZ 3398, Mohindra Park,
                                           Shakur Basti,
                                           Delhi - 110034.

Respondent                           :     Mr. Naveen Kumar Verma

PIO & Tehsildar (LAC East) Revenue Department, Govt. of NCT of Delhi, O/o Dy. Commissioner (East Distt.), LM Bandh, Shastri Nagar, Delhi- 110031.

RTI application filed on             :     20/12/2010
PIO replied on                       :     13/01/2011
First Appeal filed on                :     28/03/2011
First Appellate Authority order of   :     Not mentioned.
Second Appeal received on            :     15/04/2011

 Q. No                           Information Sought                                  Reply of PIO
1.       With reference to the land in Plot No: 3 I4A & 315A in Khasara       Photocopy of report of
         No. 243 & 244, in Village Gharaunda Neemka Bangar, purchased         Patwari        of     Land
         on 24/11/1955 by my father Mr. Charan Das Handa who expired          Acquisition Branch of
         on 22/08/1988.The property has been acquired by the Govt. under      Distt.     East,      Delhi

the Section 4 and 6 of the Land Acquisition Act, 1894. provided in response to In capacity of the legal heir of the property, the following the application. On information is sought: inspection of the Award

1) Notification no. and date pertaining to acquisition of land and file in relation to Award photocopy of the notification. No. 6C/ 71-72 it was

2) Photocopy of notification no. F4(19)65 L&H dated 20/06/1966. found that the file is in a

3) Award no. and date of compensation awarded by the Govt. for torn condition due to the land and photocopy of the award. which its photocopy

4) Photocopy of Award No. 6C/ 71-72 dated 31/03/1977. cannot be provided.

5) Formalities required to be completed by me for obtaining the If not satisfied with the compensation along with other applicable benefits under the response the appellant provisions of the relevant Act. can inspect the records by

6) Value of the non- judicial Stamp paper and fee etc, if any, visiting the office on any required to be paid and the documents required to be submitted and working day during to whom to be submitted. office hours.

Grounds for the First Appeal:

The PIO has only given the photocopy of notification no. F4(19)65 L&H dated 20/06/1966. The reply to query (5) and (6) has not been provided. Order of the First Appellate Authority (FAA):
Not mentioned.
Ground of the Second Appeal:
The PIO has not yet provided the complete requested information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Adarsh Kumar Handa;
Respondent: Mr. Naveen Kumar Verma, PIO & Tehsildar (LAC East); and Mr. Dharamveer, KGO;
The Appellant had asked for the procedure by which he can get compensation for land which was acquired from his father. The PIO states that there is no written procedure available. Information of this nature for people seeking compensation when their lands are acquired should be available suo-moto so that arbitrariness and difficulties faced by citizens are reduced.
The Commission therefore directs Divisional Commissioner to ensure that detailed procedure out lining the various steps, amount of stamp paper to be used and the draft of indemnity bonds etc. are displayed on the website of the department. These should also be available in the various revenue offices in hard copies.
Decision:
The Appeal is allowed.
The Commission directs the Divisional Commissioner to ensure that the information as directed above is displayed on the website of the department and is also kept in hard copy by all revenue offices before 20 July 2011. This order is being given by the Commission under its powers under Section 19(8)(a) of the RTI Act. This is a requirement of Section 4(1) (b) (xvii) of the RTI Act. The Divisional Commissioner will inform the Appellant and the Commission about compliance of this order giving the weblink of the website where the information is uploaded before 30 July 2011.
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 22 June 2011 (In any correspondence on this decision, mention the complete decision number.) (SS) Copy to:
The Divisional Commissioner Revenue Department, Govt. of NCT of Delhi, O/o Divisional Commissioner 5, Sham Nath Marg, Delhi