Central Information Commission
Satya Prakash vs North Delhi Municipal Corporation ... on 27 August, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/NDMCN/A/2017/103582
Date of Hearing : 06.08.2018
Date of Decision : 06.08.2018
Appellant/Complainant : Mr. Satya Prakash
Respondent : PIO/Executive Engineer -
(M-I)/Narela, NDMC, M-I, Narela
Zone
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 24.11.2016
PIO replied on : 29.11.2016
First Appeal filed on : 15.12.2016
First Appellate Order on : 04.01.2017
2nd Appeal/complaint received on : 17.01.2017
Information soughtand background of the case:
Vide RTI application dated 24.11.2016, the appellant sought information as under:-
"...Two Certified copies of the Original Key Plan of the Colony known Old Abadi of Lal Dora of Village Nilothi, Delhi, especially in respect of the Gali towards the west side of appellant's house no. 201, Village Nilthoi, Nangloi, Delhi and the houses of Shri Jai Singh and Prakash (House No. 202-203) showing the width and length of the said gali alongwith the amended Key Plan if any with the date of the amendment in the original Key Plan."
Executive Engineer (Narela) PIO, Narela Zone vide letter dated 29.11.2016 stated as under:-
1. Regarding obtaining certified copy of original Key Plan of the Colony known:- Old Abadi of Lal Dora of Village Nilthoi Delhi is not available in this Division i.e. EE(M-I)North D.M.C. Narela Delhi.
2. For further clarification contact:- Office of S.D.M. Punjabi Bagh, Main Rohtak Road, Nangloi, Delhi-41 The appellant filed first appeal dated 15.12.2016. Shri Krishan Mohan, FAA vide order dated 04.01.2017 stated follows:-
"..During hearing the applicant told that he has received the reply and PIO also reported that this matter already been transferred to the concerned department. Therefore, the case is closed."
Feeling aggrieved as dissatisfied, the appellant approached the Commission. Facts emerging in Course of Hearing:
The appellant is present and heard. The respondent is absent despite notice. The appellant alleges that large scale encroachments on public land have been made in Village Nilothi, West Delhi. He cites a specific case of encroachment made around his house bearing no. 201, Village Nilthoi, Nangloi by the owners of adjacent houses due to which, the right of way/ gali has been narrowed further. In this backdrop, to establish his case against encroachment of public land, the appellant sought copies of Original Key Plan of the village. He submits that the same was not made available to him by North DMC. Decision:
The Commission finds that the recipient PIO did not transfer the RTI application to the concerned custodian of information, though it was observed by him that SDM, Punjabi Bagh was in possession of the information sought. Since the respondents were absent in course of hearing, it could not be ascertained if the village in question is urbanized or non-urbanized. PIO/SDM Punjabi Bagh has not been impleaded as a party to the present appeal.
Let a copy of this decision alongwith copy of the RTI application be sent to the SDM, Punjabi Bagh, GNCTD to enable him to respond to the RTI query. The information shall be furnished within 2 weeks of receipt of this order under intimation of compliance addressed to the Commission. The appeal is disposed of.
(Yashovardhan Azad) 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.
(R.P. Grover) Designated Officer