Central Information Commission
Mr. Sushil Sharma vs Govt. Of Nct Of Delhi, Land And Building ... on 2 March, 2009
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110 067
Tel: + 91 11 26161796
Decision No. CIC /WB/A/2008/00729/SG/2120
Appeal No. CIC/WB/A/2008/00729/SG
Relevant Facts emerging from the Appeal:
Appellant : Mr. Sushil Sharma
Shiv Mandir, Plot No. 6-7/203,
Omkaar Nagar, Nidhi Nagar,
New Delhi - 110035
Respondent 1 : Mr. D.P.Rana
Public Information Officer Govt. of NCT of Delhi Land and Building Department, B-Block, Vikas Bhawan, New Delhi - 110002 RTI application filed on : 18/01/2008 Id No. 1367 PIO replied : 15/02/2008 First appeal filed on : 09/03/2008 First Appellate Authority order : Not mentioned.
Second Appeal filed on : 23/04/2008 Information Sought:
The appellant had sought certain information from Land and Building Department regarding three applications for optional plots by a) Mr. Balbir Sinigh S/o Shri Bhagwan Singh dated 4th August, 2003. b) Mr. Prahlad Singh S/o Shri Bahadur Singh dated 4th August, 2003 c) Mr. Kanhia Lal S/o Shri Bahadur Sigh dated 4th August, 2003.
The appellant asked daily report on above three applications, names of the officers responsible for action, any actions taken against officers who did not take actions on above applications, progress report, list of applications received after above applications, copy of the office record with file notings, what is current position of these applications, when will you give optional plots to above applications and so on.
PIO's Reply:
The PIO replied that " with reference you application regd. At I.D. No. 1367/08 in this department under Right to Information Act 2005, I am to inform that the case of Sh. Balbir Singh S/0 Sh. Bhagwan Singh, Sh. Prahlad Singh S/o Bahadur Sigh and Sh.Kahhaiaya S/o Sh. Bahadur Singh of village Sahabad Daulat is under examination/process and will be placed before the allotment committee of the department in due course of time."
Not satisfied with the replies of PIO the appellant filed first appeal. The First Appellate Authority ordered:
Not mentioned.
Relevant Facts emerging during Hearing:
The following were present.
Appellant : Mr. Sushil Sharma Respondent : Mr.A.S. Dhankar deemed PIO The appellant and his families' land has been acquired by the Government in 2003 against which they are entitled to compensation and alternative plots. The RTI application seeks to know the status of their applications for the alternate plots they are entitled to.
The respondent admits that they are entitled to the alternate plots but states they are presently considering plot allotments upto 2000. The Citizens whose lands are acquired are not informed about the status of their applications for alternate plots and are left in anxiety wondering when they will get the alternate plots under the rehabilitation policy. This is indeed distressing for the Citizen whose land is acquired. At the very least the Public authority must inform all applicants whether they are entitled to the alternate land. The Public authority must declare this Suo Moto.
Decision:
The appeal is allowed.
The PIO will provide the status of the applications asked for by the appellant before 15 March 2009.
A copy of this will also be sent to the Commission before 15 March 2009. The information on the status of alternate land allotments for acquired lands must necessarily be declared Suo Moto by the Public authority. The Principal Secretary Land & Bulding will inform the Commission of a date by which this suo moto declaration will be made. The Principal Secretary Land and Building will submit a report to the Commission about making this Suo Moto declaration before 30 March 2009.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner March 2, 2009 (In any correspondence on this decision, mentioned the complete decision number.) (RM)