Central Information Commission
Mohd Talha Zamir vs Delhi Wakf Board on 23 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DWAKB/A/2023/622659
Mohd Talha Zamir .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Delhi Waqf Board, Daryaganj,
New Delhi - 110002 ....प्रनर्वािीगण /Respondent
Date of Hearing : 20.08.2024
Date of Decision : 22.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 26.12.2022
CPIO replied on : Not on record
First appeal filed on : 27.01.2023
First Appellate Authority's order : 06.05.2023
2nd Appeal/Complaint dated : NIL
Page 1 of 4
Information sought:
The Appellant filed an RTI application dated 26.12.2022 seeking the following information:
"Seeking point wise information under RTI Act 2005 regarding Masjid Hakumji Situated at Farash Khana, Delhi 110006
1. Kindly furnish the details of latest committee registered by Delhi Waqf Board of the said masjid.
2. Kindly furnish the details of committee registered in past of the said masjid
3. Kindly furnish the details of members of registered committee with designation by Delhi Waqf Board of the said masjid.
4. Kindly furnish the written details about the salary paid to Imaam and Muazzin of the said masjid.
5. Kindly furnish the details of other benefits except the salary, Imaam and Muazzin are getting by Delhi Waqf Board of the said masjid.
6. Kindly furnish the procedure for selecting imam and muezzin the said masjid.
7. Kindly furnish the details of the tenants the said masjid.
8. Kindly furnish the details if any tenancy being transfer by Delhi Waqf Board of the said masjid.
9. Kindly furnish the action details and action plans for the tenants involved in subletting.
10. Kindly furnish the details of the properties of the said masjid.
11. Kindly furnish the details of the compensation given by Delhi Waqf Board to the victims of the building collapsed on October 9, 2022.
12. Kindly furnish the details of action taken on Deepak Sachar claiming owner of the property no 1528 of the said masjid.Page 2 of 4
13. Kindly details of the action taken or planned action for claiming ownership rights by departments like DUSIB, Custodian, Evacuee Property Cell etc.
14. Kindly furnish the certified copy of audit reports from the year 2001 to 2022.
15. Kindly furnish the details of bank account of the said masjid."
Having not received any response from the CPIO, the appellant filed a First Appeal dated 27.01.2023. The FAA vide its order dated 06.05.2023, held as under:
"(1 to 15) As per the report of Nigran-e-Masajid and Audit of DWB, name of Masjid is not clear and Masjid Hakumji, Farash Khana, Delhi, is not relates to DWB."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Along with Mr. Jahanzeb Chaudhary present in person.
Respondent: Ms. Nazia Siddiqui, ASPIO/ LDC accompanied by Mr. Mohit Agrawal, LDC present in person.
Appellant stated that Masjid under reference is also known by the name of Masjid Akhunji, Daryaganj, Delhi-110006, records of which may be checked and provided to him. PIO contended that this was not disclosed by the Appellant even at the First Appeal stage.
Upon being queried by the Commission, Respondent (Ms. Nazia Siddiqui, ASPIO/LDC) admitted that records of Masjid Akhunji, Farash Khana, Delhi 110006 may be available in their office, and she volunteered to facilitate hearing by the FAA.Page 3 of 4
Decision:
As per the fresh disclosure by the Appellant and the commitment made by ASPIO, Delhi Waqf Board, Delhi during hearing, the case is remanded to FAA for fresh adjudication on merits, within 6 weeks of the date of receipt of this order, after giving due opportunity of being heard following the due principles of natural justice to both i.e. Appellant and PIO.
First Appellate Authority to ensure compliance of the directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
THE FAA, Delhi Waqf Board, Daryaganj, New Delhi - 110002 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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