Central Information Commission
Hema D Souza vs Mcd on 1 March, 2017
CENTRAL INFORMATION COMMISSION
Room No.415,4th Floor,
Block IV, Old JNU CamPus,
New Delhi -Lt0 067.
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2008 I 000951217 4
Appeal No. CIC/SG/A/2008/00095
Relevant Facts emerging from the Appeal
Appellant Hema D'Souza,
82, Dector-2, Pocket 1, Dwarka,
Phase-I, New Delhi-1 10075.
Respondent SDM & PIO,
Govt. of NCT of Delhi Alipur, Narala Zone, New Delhi-110036.
RTI application filed on 2310512008 PIO replied not replied. First appeal filed on t7/0712008 First Appellate Authority order 22t0812008 Second Appeal filed on 201t012a08
The appellant had asked in RTI application for copy of the conveyance deed pertaining to property, No. CP-187, Maurya Enclave, Pitam Pura, Delhi-110088. document registered on 27th September 2000, in the name my late Father, Shri Amrit Lal Mehta, S/o Late Shri Lachhman Dass Mehta. In context to the aforementioned. Give information above records, sale/transfer/gifUmutation pending /under consideration (Process) name of any other party/persons, other than recorded owner, late Shri Amrit Lal Mehta?
Detail of information required:-
A. Whether the abovementioned are records available is in your office? B. Whether there has been any application for sale/transfer/gifl/mutation pending/under consideration (process) and or executed, for the entire captioned property or a portion/floor etc; in the name of any other partylpersons, other than recorded owner, late Shri Amrit Lal Mehta?
C. Has the property been subdivided?
D. lf yes, please provide complete details of applicant and the status of the application with dates.
E. Has the property been gifted lmtfiatedltransferred/registered in the name of any other person(s); including any person(s) alleging to be the heir(s)iClass I heir (s) of deceased Shri Amrit Lal Mehta?
F. If yes, please provide complete details, with documents and dates. G. Inspection of relevant files and records/documents pertaining to the captioned property.
H. Certified copies of documents on inspection of relevant files and records/documents. I. In case the desired information does not come under your jurisdiction, the query/queries, as mandated under the RTI Act, be transferred to concerned CPIO, as thecasemaybe;u/s6{3(i)}oftheRTlAct,2005,withintheprescribedtimelimit' under due intimation to appellant' The PIO rePlied.
Not replied The First Appellate Authority ordered' ,.On perusat oir""o.Jr, it is found that no reply fumished by PIO' Let the suitable reply be given to t-ht appellant within 15 working days"' Relevant Facts emerging during Hearing:
The following were Present Appellant: Absent Respondent: Absent that-no information was supplied to the From the papers submitted in the appeal it appears authority' upp.ffun &e, ut". the categorical oider of the First appellate Decision:
The appeal is allowed.
ir,, ."'"fu'r.ieei"r.;;; report will 20 March' 2009 bv' be sent to the appellant before the complete' required information by the The issue before the Commission is of not supplying PIO within 30 days as required by the law' It also appears that the first appeilate authority's orders l*t.'ol?Tl"tll.,',":"i1n ;fiir:;ffi;;rtr#;;i; #;;;", it i' apparent thar thg pro is suilrv or not1,,:--
turnishing 7 bv notreplving within "';+Lin ililhHffi"tdi,ir,. ti." ",;"?ir**:i!a;jryy1ryrirry'*::d,l:gz,*:*':,::i':
specified uno.i-ruulrection (1) of section itTJJ:]Tl#'ffi ;ilffi .-l^-. ^f hic ilr'# :i#'" ;#;ffi;';;;*ur; @9t thai i:",':l^g :*::l::,Tfl arso be ilfifi". il;il pt5is bt given' 111:
clearly ordered ,h.^
ffi"iiut" artnority has penal ^rf:y,,q:n,,t:
provisions of Section 20 (1) '
iiupp"u6 that the actionsattraitthe
'nil,l1,
he is directed give his reasons to the A showcause notice is being issued ,o and be levied on him' Commission to show.urr. *rrJy penalty should not should not be imposed on him He give his written submissions showing cause why^ptl3lty will as mandated under section 20 (1) before 3O"March, zooq. He will also submit proof of having given the information to the appellant' This decision is announced in open chamber' Notice of this decision be given free of cost to the parties' Shailesh Gandhi Information Commissioner 4th March 2009 (Inanycorrespondenceonthisdecisionrmentionedthecompletedecisionnumber')