Central Information Commission
Sanjay Narang vs Gnctd on 25 January, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
CIC/SA/A/2016/000473
CIC/SA/A/2016/000158
Sanjay Narang v. Deputy Commissioner (South)
Order sheet: (CIC/SA/A/2016/000473)
RTI was filed on 05.09.2013, CPIO replied on: 20.12.2013 First Appellate Order: 30.09.2014,
Second appeal filed on 28.12.2015.
Order sheet: (CIC/SA/A/2016/000158)
RTI was filed on 20.10.2014, CPIO replied on: 20.11.2015 First Appellate Order: NIL, Second
appeal filed on 31.12.2015.
Proceedings on 03.06.2016: Directed the respondent authority to facilitate inspection of the
files and records, posted to 04.07.2016 to be present with relevant papers of compliance
Proceedings on 04.07.2016: PIO sought 20 days time to collect the documents, penalty
proceedings post-poned to 28.07.2016
Proceedings on 02.08.2016: Directed the PIO/BDO to facilitate inspection of records on
08.08.2016 along with direction to the PIO-Director (Panchayat) to facilitate inspection of records
on 22.08.2016.
Proceedings on 27.09.2017: Appellant is present along with Shri Nilendu Vatsyayan, Advocate
and Public Authority is represented by Shri Anil Misra, OS; Shri Narendra Singh, EAA ; Shri Naresh
Pal, BDO and Shri S. Sharma at CIC.
Date of Decision 10.01.2018: Disposed of with directions and penalty imposed.
ORDER
FACTS:
1. The appellant in his RTI application dated 05.12.2013 sought the following information:
a. What is the status of land in Khasra No. 310, Pul Pehlad, Lal Kuan, Badarpur, New Delhi?
b. What is the nature of land usage/land usage type of the abovementioned land in Kh. No. 310 or Kh. No. 310?
c. What is the status of one acre land, situated in East of M/s Amba Stone Crushing Co. and West of M/s Rana Stone Crushing, in Kh. No. 310, leased by the Gaon Sabha in favour of M/s Jagdamba Stone Crushing Co. (Sh Ratan Singh), which was later in the year 1984, CIC/SA/A/2016/000473 & CIC/SA/A/2016/000158 Page 1 purchased by M/s Narang Stone Crushing Co., Prop. Sh Ram Swarup Narang, S/o. Sh Lal Chand Narang?
d. How many such lease were granted by the Gaon Sabha, Pul Pehlad/other land owning authorities to Stone Crushing Co. in the subject area during 1970 onwards?
e. What is the outstanding lease rent, as on date, against the subject land under the possession of M/s Narang Stone Crushing Co, Prop. Sh Ram Swarup Narang?
f. Are any other outstanding lease rent/tax/dues/arrears against the subject land?
g. When last lease rent was paid against the subject land? h. What was the amount of lease rent last paid? i. Who paid the last lease rent as per the record maintained by your office? j. How many stone crushing companies/units are operating in the subject Kh. No. 310, Pul Pehlad, Lal Kuan, Badarpur, New Delhi and its adjoining/surrounding areas?
k. How many stone crushing companies/units were relocated from the subject area during 1987 to 2005?
l. Please provide list of all such companies units? m. Under what order/scheme/policy/plan/notification/direction such stone crushing companies/units were relocated/allocated alternative land/compensation during the subject period (1987-2005)? Please provide entire certified copy of such relocation scheme/plan.
2. The CPIO on 09.12.2013 by communication dated 20.12.2013 informed that there was no record about Gram Sabha that there was no record about Gram Sabha land in given khasra number, with regard to points 3 to 13, the PIO simply stated that no such records are available in the office. The RTI Application was thus transferred to BDO, M.B. Road vide communication dated 31.12.2013 considering that information may be available with the BDO.
3. A communication dated 12.02.2014 from Sh. S.D. Sharma, BDO reveals that out of the total area, khasra no. 310 is (157-07), (69-11) is awarded under control of DDA while remaining (87-16) is notified under Ridge area and no Gram Sabha falls in the said Kh. No. The First Appellate Authority on 17.07.2014 disposed of the appeal after hearing arguments of both parties at length directed CIC/SA/A/2016/000473 & CIC/SA/A/2016/000158 Page 2 that both PIO, BDO(South)/Tehsil(Kalkaji) shall allow inspection of the records within one week of receipt of the order, on a mutually convenient date. Deciding a subsequent first appeal, the ADM(South)/FAA by order dated 30.09.2014 directed the SPIO/BDO (South) to provide up to 15 pages of photocopy of the records free of cost and rest after payment of due fees. The appellant approached the Commission alleging that that despite two first appeals filed before the FAA and several visits the PIO did not give complete set of papers.
I. This Commission by order dated 03.06.2016 directed the respondent authority/director (Panchayat)/ADM (North) to:
Facilitate inspection of all the file sand relevant records, including file notes to the appellant within 15 days from the date of receipt of this order and provide certified copies of the selected documents free of cost.
The Commission directed the PIO as on the date of RTI request, Mr. S. D. Sharma, BDO (South) and the present PIO, and the PIO of Directorate of Panchayat, to show cause why maximum penalty should not be imposed on them for claiming illegally that the records are not available, and for not complying fully with the orders of FAA, and also directed the public authority to explain why compensation should not be directed to be paid by them to the appellant, for causing prolonged harassment, before 30.06.2016.
The Commission directed the past and present PIOs, to be present before the Commission along with relevant papers of compliance of his direction on 04.07.2016 at 2:30 p.m. Proceedings on 4.7.2016 II. During the show cause hearing dated 04.07.2016 the PIO agreed that for some records the RTI application should have been transferred to DDA and Forest Department, but it was not done. He requested for 20 days time to collect and provide the same to the appellant. The Commission ordered accordingly and penalty proceedings postponed to 28.07.2016 at 12:00 p.m. Mr. Devender Kumar, PIO did not turn up in spite of receiving the order of CIC dated 03.06.2016 and direction to provide information was not complied CIC/SA/A/2016/000473 & CIC/SA/A/2016/000158 Page 3 with. There was no reply to the Show Cause and Compensation Notice. The Commission gave another chance to Mr. Devender to provide point wise information to the appellant and submit the explanations called for on 03.06.2016. The case was posted to 28.07.2016.
Proceedings on 2.8.2016 III. In the subsequent Show Cause hearing held on 02.08.2016 the appellant stated that DDA is not concerned with point nos. 4 - 13. The appellant stated that the Director, Panchayat office also maintains records of land approval. The officer of public authority stated that records of land approval are maintained by the BDO Office. The Commission directed the PIO/BDO to facilitate inspection of records to the appellants on 08.08.2016 at 3 pm and to provide certified copies of documents selected. The Commission also directed the PIO- director (Panchayat) to facilitate inspection of records to the appellants on 22.08.2016 at 3 pm and to provide certified copies of documents selected.
Non compliance complaint IV. Appellant filed application complaining of Non compliance on 18.10.2016 on the following lines:
After the directions of Hon'ble Commission appellant visited the office of BDO (South) for inspection of records on the date and time fixed. The officials provided counter foil of L.R. Farm Receipt books immediately prior to the date 16.03.1973 and after this date. But the concerned Book of L.R. Farm receipts having counter foil relating to the appellant were not provided. Appellant alleged that this showed the mala fides of the officials. He further complained that on his next visit PIO, BDO (South) failed to provide the desired records, except some counter foil of L.R. Farm 37 receipts pertaining to other Stone Crushing units.
V. Reference has been drawn to a communication dated 25.07.2016 of the PIO, whereby the [PIO/BDO (HQ)/AAO(P)], Sh. Devinder Kumar had stated, inter alia:
"...in accordance to order no. F21(1)/P/82/10120-420 dated 18.08.1982 issued by Addl. District Magistrate (DEV)/Director of Panchayats, the files of allotment should remain in the personal custody of BDO concerned separate from other panchayat files of the blocks..."
CIC/SA/A/2016/000473 & CIC/SA/A/2016/000158 Page 4 VI. In compliance to the order dated 02.08.2016, Mr. Devender Kumar Sharma [PIO/BDO (HQ)/AAO(P)] by a letter dated 14.09.2016 submitted that the Diary & Dispatch register for the period 1984 to 1990 have been traced out from old records and placed before the appellant for inspection on 24.08.2016. The appellant after inspection found records not relevant and hence requested to be provided with Diary & Dispatch register for period between 1973 to 1980, which are now being traced out.
VII. The [PIO/BDO (HQ)], Sh. Devinder Kumar vide subsequent letter dated 01.03.2017 submitted that for the period onward year 1980 to 1990 have been provided to Sh. Sanjay Narang for inspection on 24.08.2016 and observed that no reference is found available on the instant matter.
Also Sh. Sanjay Narang requested to provide the Diary & Dispatch register for the period onward to the year 1973 to 1980, the record is more than 30 years old. The efforts have been made to trace out the said diary & dispatch register from old record available in the office, but due to three four times shifting of the office, only few registers were found available in the record.
Other information asked by the appellant regarding record of Khasra No. 310 of Goan Sabha Pulpehlad and its surroundings areas in Lal Kuan, Badarpur, New Delhi pertains to the office of BDO (South).
Further, PIO also stated that he was not able to appear in the hearing dated 04.07.2016 because he had been deputed by the Director (P) to the office of Special Vigilance Commissioner, GNCT of Delhi in an urgent manner.
VIII. Appellant has now filed an application seeking early hearing of this Non compliance application dated 18.10.2016.
4. The Commission vide order dated 08.06.2016 directed as under :-
"5. The Commission directs the respondent authority/ Director(Panchayat)/ ADM(North) to facilitate inspection of all the files and relevant records, including file notes to the appellant within 15 days from the date of receipt of this order and provide certified copies of the selected documents free of cost.
6. The Commission directs the PIO as on the date of RTI request, Mr. S.D.Sharma, BDO(South) and the present PIO, and the PIO of Directorate of Panchayat, to show cause why maximum penalty should not be imposed on them for claiming illegally that the records are not available, for not complying fully with the orders of FAA, directs the public authority to explain why compensation should not be directed to be paid by them to the appellant, for causing prolonged harassment, before 30-6-2016. The Commission takes a very serious view of CIC/SA/A/2016/000473 & CIC/SA/A/2016/000158 Page 5 denial of information to the appellant in this case and directs the past and the present PIOs, to be present before the Commission along with relevant papers of compliance of this direction on 4-7-2016 at 2.30 pm".
5. The Commission vide order dated 08.06.2016 directed as under:-
CIC/SA/A/2016/000473
3. The PIO agreed that for some records the RTI application should have been transferred to DDA and Forest Department, but it was not done. He requested for 20 days time to collect and provide the same to the appellant. The Commission orders accordingly and penalty proceedings postponed to 28.07.2016 at 1200 hours.
CIC/SA/A/2016/000158
4. In the last hearing the Commission had asked PIO to attend the Commission along with relevant documents. Mr. Devender Kumar Sharma, PIO did not turn up in spite of receiving the order of CIC dated 03.06.2016, the direction to provide information was also not complied with. There was no reply to the show cause and compensation notice. Mr. Ravinder Singh Extension Assistant, Agriculture also did not bring any papers. He says the PIO is busy and he was asked to attend the hearing. The Commission gives another chance to Mr. Devender to provide point wise information to the appellant and submit the explanations called for on 03.06.2016. The case is posted to 28.07.2016 at 1200 hours. If PIO does not appear or comply with the orders, the Commission will be compelled to proceed in his absence.
6. The Commission's order dated 02.08.2016:
3. The appellant stated that point nos. 4-13, DDA is not concerned. The appellant stated that the Director-Panchayat office also maintains records of land approval. The officer of public authority stated that records of land approval are maintained by the BDO office. The Commission directs the PIO/BDO to facilitate inspection of records to the appellants on 8.8.2016 at 3 pm and provide certified copies of documents selected. The Commission also directs the PIO- Director (Panchayat) to facilitate inspection of records to the appellants on 22.8.2016 at 3 pm and provide certified copies of documents selected.
Proceedings on 27.9.2017
7. The appellant and his Counsel represented to the Commission that they have visited the office of BDO, South thrice but the relevant files were not shown by the concerned authorities. Shri Narendra Singh, Extension Assistant submitted that Village Pradhan has handed over some records in 1989 and all those records were given to the appellant at the time of inspection. However, the appellant did not get any information relevant to his request, in spite of several hearings and directions mentioned above. The appellant was compelled to file a non-compliance complaint before this Commission. The Commission issued show-cause notices accordingly and waited for a long time for the CIC/SA/A/2016/000473 & CIC/SA/A/2016/000158 Page 6 responses. As no response was received, the Commission is compelled to issue the following orders:
a. Mr. S.D. Sharma, CPIO (from October 2013 to August 2017) had several chances to provide information sought by the appellant but failed to do so. He was given show cause notice on 04.07.2016 and again on 02.08.2016. There was no response till today. Hence, the Commission has to necessarily draw an inference that Mr. S.D. Sharma has nothing to say in his defence, and hence, holds him liable for not furnishing the information, and for non-compliance of the orders of this Commission as mentioned above and holds liable to pay maximum penalty of Rs. 25,000/-. b. Mr. Devender Kumar Sharma, PIO, BDO Hqrs. of Panchayat office and also a custodian of all the records concerned of Khasra no. 310 of Gaon Sabha, Phul Pehlatpur Lal Kuan, Badarpur did not respond to show cause notice on 04.07.2016 and again on 02.08.2016. There was no response till today. Hence, the Commission has to necessarily draw an inference that Mr. Devender Kumar Sharma has nothing to say in his defence, and hence, holds him liable for not furnishing the information, and non- compliance of the orders of this Commission as mentioned above and holds him liable to pay maximum penalty of Rs. 25,000/-. c. From the above chronology of events and several proceedings before the Commission, it is clear that the appellant was harassed and made to run from pillar to post from 05.09.2013 to till date in securing land records and could not get relevant information. All his appeals and complaints did not yield any result. The Commission issued notice of compensation on
08.06.2016 to which there was no response till today. Invoking the power under section 19(8)(b) of RTI Act, 2005, the Commission grants a token compensation of Rs. 10,000/- and directs the respondent authority to pay the amount to the appellant, within 15 days from the date of receipt of this Order.
d. Mr. Naresh Pal, CPIO (from August 2017 to till date) is directed to provide certified copies along with point-wise information, within 21 days from the date of receipt of this Order.
8. The Commission finds each of Shri S.D. Sharma, CPIO and Shri Devender Kumar Sharma, PIO, BDO Hqrs. are individually liable under section 20 of RTI Act for not furnishing the information. Hence the Commission imposes maximum CIC/SA/A/2016/000473 & CIC/SA/A/2016/000158 Page 7 penalty on both Shri S.D. Sharma and Shri Devender Kumar Sharma, who are directed to pay a sum of Rs. 25,000/- each in 5 equal monthly instalments. The Appellate Authority of respondent Public Authority is directed to recover the amount of Rs.25,000/- from the salary payable to Shri S.D. Sharma, CPIO and Shri Devender Kumar Sharma, PIO, BDO Hqrs. by way of Demand Draft drawn in favour of 'PAO CAT' New Delhi in 5 equal monthly instalments. The first instalment should reach the Commission by 09.03.2018 and the last instalment should reach by 09.07.2018. The Demand Draft should be sent to Shri S.P. Beck, Joint Secretary & Addl. Registrar, Room No. 505, Central Information Commission, Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067.
SD/-
(M.Sridhar Acharyulu) Central Information Commissioner Authenticated true copy (Dinesh Kumar) Deputy Registrar Copy of decision given to the parties free of cost.
CIC/SA/A/2016/000473 & CIC/SA/A/2016/000158 Page 8 Addresses of the parties:
1. The CPIO under the RTI Act, , RTI Cell, Govt of Delhi District Magistrate, South District, MB Road Saket New Delhi-110068.
2. Shri Sanjay Narang
3. The PIO under the RTI Act, RTI Cell, Govt of Delhi Office of the Director (Panchayat) Room No.11-12, Old Civil Supply Building, Tis Hazari, Delhi-110054.
4. Shri S.P. Beck, Joint Secretary - Admin Central Information Commission Room No. 505, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067 CIC/SA/A/2016/000473 & CIC/SA/A/2016/000158 Page 9