Central Information Commission
Mr.Rashad M Shaikh vs Ministry Of Defence on 25 July, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2012/000914
Appellant Shri Rashad M Shaikh
Public Authority Cantonment Board.
Date of hearing 25.07.2012
Date of decision 25.07.2012
Facts :-
Heard today dated 25.07.2012. Appellant not present. The Board is represented by Shri Kiran Vasant Shirodkar, Executive Engineer.
2. It is noticed that vide RTI application dated 21.6.2011, the appellant had sought information on 08 paras regarding demolition drive carried out by the Board during the period December, 2010, to June, 2011. The CPIO had given parawise information to the appellant. No information was provided in regard to paras 07 & 08 of the RTI application due to its non-availability. However, as regards para 06, the appellant had sought to know whether the CEO was liable to compensate under section 252(2) of the Cantonment Act, 2006, in case of non-issue of demolition notice. The CPIO had responded to this query by saying that this information was beyond the scope of the RTI Act.
3. I do not agree. The appellant has raised a valid query the answer to which lies in the proviso appended to sub section (2) of section 252. In ordinary course, the information seeker is expected to be aware of the provisions of law, even so, the CPIO is hereby directed to send a photo copy of section 252 to the appellant for his consideration.
Sd/-
( M.L. Sharma ) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
( K.L. Das ) Deputy Registrar Address of parties :-
1. The CPIO, Pune Cantonment Board, Golibar Maidan, Pune-411001.
2. Shri Rashad M Shaikh, 1715, R.S. Kedari Road, Pune-411001.