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[Cites 1, Cited by 2]

Central Information Commission

Mr. Chandeshwar Mehto vs O/O The Assistant Commissioner, ... on 29 December, 2009

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

                                                  Decision No. CIC/SG/A/2009/002830/6112
                                                         Appeal No. CIC/SG/A/2009/002830

Relevant Facts emerging from the Appeal:

Appellant                           :      Mr. Chandeshwar Mehto,
                                           S/o Sh Ram Sevak Mehto,
                                           Jhuggi No. 3 W-70/54, Indra Camp No. 2,
                                           Vikaspuri J Block, New Delhi.

Respondent                          :      Mr. Dalip Singh

Public Information Officer & Assistant Commissioner Municipal Corporation of Delhi O/o the Assistant Commissioner, West Zone, Vishal Enclave, Rajouri Garden, New Delhi - 110027 RTI application filed on : 20/03/2009 PIO replied : 21/04/2009 First appeal filed on : 08/07/2009 First Appellate Authority order : 13/08/2009 Second Appeal received on : 03/11/2009 Date of Notice of Hearing : 24/11/2009 Hearing Held on : 29/12/2009 Information Sought:

1. Original Tehbazari Allotment letter dated 27/01/2009 letter no. AC-WZ/2009/D-908, and the name of the allotted Tehbazari Boundary Wall Dushera Park, Opp. F Block Vikaspuri, New Delhi - 18.
2. Whether any license fee was due against the Appellant.
3. Whether the Appellant was issued allotment letter for the newly allotted site.
4. Whether the Appellant was issued a possession slip in respect of the newly allotted site.
5. Whether the Appellant was issued Tehbazari identity card in respect of newly allotted site.

Reply of the PIO:

The PIO requested the Appellant to submit a photocopy of the document indicated in his application so that the same could be verified and accordingly a reply could be given.
First Appeal:
Even after submitting a photocopy of the required documents, the Appellant had not been provided with the requested information.
Order of the FAA:
The FAA provided a para wise reply to the Appellant stating that the Appellant was the owner/allottee of the Tehbazari and that he had been issued an ID card by the AO?WZ etc. The FAA also said that a reply based on the document was being forwarded to the Appellant.
Ground of the Second Appeal:
That the Appellant has still not been supplied with the proper information.
Relevant Facts emerging during Hearing:
The following were present Appellant : Absent;
Respondent : Mr. Dalip Singh, Public Information Officer & Assistant Commissioner;
The PIO has given certain information to the appellant. The PIO is now directed to give the following additional information to the Appellant: 1- Photocopy of the letter dated 27/01/2009 to the SHO, Vikaspuri asking that the appellant be allowed to squat and a license tehbazari holder. 2- The PIO has mentioned that the tehbazari fee of Rs.3970/- is due. The PIO will inform the appellant the period for which the fee is due. 3- The PIO will also provide the possession slip to the Appellant.
The PIO must ensure that the appellant is able to squat at the allotted place.
Decision:
The Appeal is allowed.
The PIO will provide the information as directed above to the Appellant before 10 January 2010.

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 29 December 2009 (In any correspondence on this decision, mention the complete decision number.)(PS)