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Central Information Commission

Babu Ambadas Thorat vs Directorate General Defence Estates ... on 17 March, 2026

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


 File No: CIC/DIGDE/A/2024/637842


 Babu Ambasdas Thorat                              ....अपीलकता/Appellant


                                    VERSUS
                                     बनाम


                                             .... ितवादीगण /Respondent
The CPIO
Dehuroad Cantonment Board (Admin Section),
Nr. Dehuroad Railway Station,
Dist Pune-412101
Maharasthra


  Date of Hearing               : 17.03.2026
  Date of Decision              : 17.03.2026


 INFORMATION COMMISSIONER :          SANJEEV KUMAR JINDAL

 Relevant facts emerging from second appeal:


  RTI application filed on    :      04.06.2024
  CPIO replied on             :      21.06.2024
  First appeal filed on       :      01.07.2024
  First Appellate Authority's :      31.07.2024
  order
  Second Appeal dated         :      29.08.2024


                                                                   Page 1 of 6
    Information sought

:

1. The Appellant filed an RTI application dated 04.06.2024 seeking the following information:
"Particulars of Information-
3) Action taken report on my Complaint dtd-17/05/2024 and Online complaint on echhawani.gov.in dtd - 22/05/2024 and report on 27/05/2024 regarding illegal encroachment on Room No.17, wall Mundari by Shri. Bhimsingh Chalvade on dtd- 12/5/2024.
4) Specific periods for which the Information is required dt- 12/5/2024 To 31/5/2024
5) The language in which it is required - Marathi or English"

2. The CPIO furnished a reply to the Appellant on 21.06.2024 stating as under:

"Reference: Applicant Babu Ambadas Thorat RTI letter received in this office dated 04/06/2024.
With reference to above, the information required is furnished as below:
SNo Information Asked Reply
1. Action taken report on my Complaint dtd-
17/05/2024 and Online complaint on echhawani.gov.in dtd - 22/05/2024 and report Not on 27/05/2024 regarding illegal encroachment Available on Room No.17, wall Mundari by Shri. Bhimsingh Chalvade on dtd- 12/5/2024

3. Being dissatisfied, the appellant filed a First Appeal on dated 01.07.2024. The FAA vide its order on 31.07.2024 stated as under:

"Minates of Hearing of Appeal filed by Shri Babu A. Thorat, 17, Shitalanagar Dehuroad (8550920303) before the Appellate Authority on 31/07/2024 at 11:30 a.m. in the office of the Cantonment Board Dehuroad. (Ref :- Your Appeal Application dated 01/07/2024) and this office Letter No RTI No. CBDR/Admin/Engg-3/RT11458/2024 dated 21/06/2024.
Page 2 of 6
Shrl LD. Tanpure, CPIO, Shri Tony Antony, PIO (Engg. Section) and applicant Shri Babu A. Thorat were present. Applicant Shri Babu A. Thorat brought out that, he asked the information in the RTI application but no information was provided by the Engineering section.
The Appellate Authority gone through the RTI appeal and directed to Shri Tony Antony, PIO (Engg. Section) to provide action taken report (copy enclosed) as asked by the applicant. This was also agreed by the applicant and under his satisfaction RTI appeal is disposed off".

Action taken reply enclosed dated 01.07.2024 states as under:

"Ref: Letter No. 1680/CBDR/Q3 received from Col,Adm Comdt Station HQ Dehuroad dated 10/06/2024 & Complaint from Babu Ambadas Thorat received dated 17/05/2024.
2) On examining the subject matter it is submitted that both the structure belonging to Shri. Ambadas K Thorat C/o Babu Ambadas Thorat and Shri. Bhimsingh Rukappa Chalwadi are load bearing structure consisting of ground floor and tin sheet as roof. It is further submitted that the both the structures are age old encroachments on government land.
3) Shri. Bhimsingh Rukappa Chalwadi has raised the height of all the 4 walls by few feet in order to replace the old GI sheets. No extra floor or built up area has been increased.
4) This office is completely unaware of any kararnama between Shri. Ambadas K Thorat and Shri. Bhimsingh Rukappa Chalwadi regarding any common wall
5) Prima facie it seems that the kararnama is executed between this 2 parties only in the year of 1989 as stated by the complainant Babu Ambadas Thorat S/o Late Shri Ambadas Babu Thorat & the undersigned would like to specify that the Dehuruad Board does not have any part in the Kararnama.
6) Since the said land is classified as B4 land bearing GLR Sy.

No. 71 Outside Civil Area under the management of Defence Estate Officer, Defence Estate Office, Pune the same is fwd to your good office for your information & further course of action please".

Page 3 of 6

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

Relevant Facts emerged during Hearing:

The following were present:-
Appellant: Not Present Respondent: Mr. Ajay Chaudhry, CPIO

5. Proof of having served a copy of Second Appeal on Respondent, while filing the same in CIC, is not available on record.

6. The Appellant is not present despite service of notice of hearing.

7. The respondent while defending their case inter alia submitted that the RTI application dated 04.06.2024 was duly replied on 21.06.2024 with available information on record. It was further submitted that the applicant filed a First Appeal on 01.07.2024, which was disposed of on 31.07.2024 with directions to provide an Action Taken Report. In compliance, the Action Taken Report was furnished, clarifying that the structures in question are old encroachments on Government land and no additional construction was observed. It was also submitted that the Cantonment Board has no role in any private agreement between the parties. The land was stated to be Class B-4 under the management of the Defence Estates Officer, Pune, and the matter was also forwarded to the said office. The Respondent further submitted that the applicant expressed satisfaction and the appeal was accordingly disposed of.

8. Written submissions dated 12.03.2026 filed by the respondent is taken on record which states that an RTI application was received in their office on 04.06.2024 seeking information regarding alleged illegal encroachment, to which a reply was provided on 21.06.2024. Subsequently, the appellant filed a First Appeal on 01.07.2024, which was heard on 31.07.2024, wherein the FAA observed that the complaint had been forwarded to the Defence Estate Officer and directed the CPIO (Engineering Section) to provide the Action Taken Report. In compliance, the Action Taken Report was provided.

Decision:

9. The Commission after adverting to the facts and circumstances of the case, hearing the parties present and perusal of the records and written Page 4 of 6 submissions notes that the RTI application dated 04.06.2024 was duly replied by the respondent CPIO and the information available on record was provided to the appellant. The Commission further notes that, in compliance with the order of the First Appellate Authority, an Action Taken Report was also furnished to the Appellant clarifying the status of the encroachment and the nature of the land. The Commission is satisfied that an appropriate and adequate reply has been provided by the respondent CPIO.

The Commission also notes that the appellant was not present during the hearing and no written submissions have been filed by him, which indicates that he is not interested in pursuing the matter further.

In view of the above, no further intervention of the Commission is warranted in the matter.

With the above observations, the appeal is disposed of.

-sd-

SANJEEV KUMAR JINDAL(संजीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date: 17.03.2026 Authenticated true copy (अिभ मािणत स ािपत ित) (SK Chitkara) Dy Registrar 011- 26107051 Page 5 of 6 Addresses of the Parties:

1. The CPIO Dehuroad Cantonment Board (Admin Section), Nr. Dehuroad Railway Station, Dist Pune-412101, Maharasthra
2. Mr. Babu Ambadas Thorat Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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