Central Information Commission
Shri Rajeshwar Kapoor vs Ministry Of Urban Development on 29 December, 2008
12RajeshwarKapoor2811 LS A 8 1
CENTRAL INFORMATION COMMISSION
Block IV, 4Th Floor, Old JNU Campus
New Delhi-110067
Appeal No. CIC/LS/A/2008/00012
Appellant: Shri Rajeshwar Kapoor
Public Authority: Ministry of Urban Development
(through Shri Surinder Singh,
Deputy Land & Development Officer)
Date of Hearing: 28/11/2008
Date of Decision 29/12/2008
FACTS:-
It appears that the Appellant had filed an RTI application dated 04/03/2008 before CPIO wherein he had requested for the following information :-
"1. Acts and Rules governing properties which are leasehold and for which lease deeds and certificates of sale have been issued;
(a) To be specific, lease hold properties, for which certificates of sale have been issued under Rule 90(15), Appendix XXIII;
(b) Govt. owned sites in Delhi State for which lease deeds have been issued under rule 40(3), Appendix XI.
2. Titles of the Act and rules under which the above stated properties are covered and where is the said Act & Rules available.
3. Guidelines etc. pertaining to above mentioned properties are not available in your office. Kindly arrange the availability of the same to enable me to procure the same giving specific information about purchase, sale transfer, partition, construction etc."
2. This has been extracted from the written submissions dated 27/09/2008 of CPIO as this application is not available in the Commission's file.
3. Deputy Land & Development Officer, by letter dated 24/03/3008, had furnished to him some information.
4. Dissatisfied with this, the Appellant, vide his letter dated 04/04/2008, had written to the CPIO that he wanted to have the following information:-
"Information sought was about the title of Act & Rules governing properties which are :12RajeshwarKapoor2811 LS A 8 2
(1) Lease hold land for which certificates of
(a) Sale have been issued under rule 90(15), Appendix XXIII.
(2) Government owned sites by Delhi State for which
(b) lease deeds have been issued under Rule 40(3) Appendix XI.
(3) Where are the said Act and Rules available.
(4) Comprehensive guidelines regarding the above mentioned
properties in form of a brochure etc. not given. Very meager information is given.
Guidelines with specific detailed information, regarding purchase, sale, transfer, partition, construction and other terms and conditions are not given."
4. Shri Surinder Singh, CPIO, vide his letter dated 30/04/2008, had sent the following information to the Appellant:-
"Reply to para 1: Sale certificate is issued when the property will be purchased through the action. No lease deed issued under Appendix 23. Reply to para 2: In this regard it is stated there is no compiled data as to how many lease deeds have been issued under Appendix XI, as it belongs to the properties owned by Delhi State.
Reply to para 3: It is stated that so far as rules, guidelines etc. are concerned, it is advised to the applicant to visit L&DO's website www.ldo.nic.in."
5. Dissatisfied with this, he had filed an appeal before Shri R.K. Sinha, L&DO, vide his letter dated 22/05/2008.
6. In the meanwhile, CPIO have, vide his letter dated 03/06/2008, had informed the Appellant that the information sought by him contained 183 pages and that the same could be obtained after depositing Rs.366/- in favour of L&DO.
7. The Appellate Authority had disposed of the Appeal vide order dated 13/06/2008 mentioning therein that the Appellant had been offered the information against the requisite fee and that he could also visit website of the Ministry.
8. The present Appeal has been directed against the order of the appellate Authority.
9. The matter was heard on 28/11/2008. The Appellant appeared in person. The Public Authority is represented by Shri Surendra Singh, Deputy Land & Development Officer. The Appellant submits that the reply given to him by CPIO is vague and does not contain the required information. He forcefully submits that his queries mentioned 12RajeshwarKapoor2811 LS A 8 3 above be specifically replied to by the CPIO. The Appellant clarifies that he needs specific information on the following points only:-
(1) The Title of the Act which governs the Government-owned lease-hold properties in Delhi State under the control of L&DO; (2) The Title of the Rules framed under such Act; and (3) The terms and conditions of sale/purchase/transfer/partition/ construction etc. relating to such lease hold properties.
10. The Appellant also submits that u/s 4 of the RTI Act, Public Authority (Ministry of Urban Development) is required to maintain and publish/display the relevant records held by it within a period of 120 days from the date of coming into force of the RTI Act but this has not been done by the Ministry of Urban Development. The Appellant has also led me through the entire RTI Act, displaying his in-depth knowledge of the various facets of the law. His overall submission is that the Acts/Rules governing the Government-owned lease hold properties in Delhi State should be identified by the CPIO and he should be informed accordingly. It is also his submission that as MoUD has not fulfilled the mandate of section 4 of RTI Act, he cannot be required to pay for the cost of information offered by CPIO.
11. It needs to be recalled that the CPIO had informed the Appellant that some information relating to the matter in hand was available in L&DO's website www.ldo.nic.in. The Appellant can visit the website either himself or through the help of someone else. It is also noticed that vide letter dated 03/06/2008, the CPIO had offered to provide him a copy of the Office Manual containing 183 pages against payment of rs.366/-. It appears that the Appellant has not availed of this offer. As regards the Acts and Rules governing the Government-owned lease-hold properties in Delhi State, there appears to be a multiplicity of laws and Rules on the subject which can be explained to the Appellant either by the officials of L&DO or an Advocate practicing in this area of law. Whether to consult a lawyer or not is the discretion of the Appellant. However, as far as the CPIO is concerned, he can certainly be instructed to prepare a list of Acts and Rules etc. and furnish the same to the Appellant.
DECISION
12. In view of the above, Shri Surinder Singh, Deputy L&DO (CPIO) is hereby directed to invite the Appellant to his office on a mutually convenient date and ascertain from him as to what precisely is his requirements and then furnish to him a list of laws and rules governing the Government-owned lease-hold properties in Delhi State and the procedures involved therein. The Appellant may also be furnished the documents referred to in para 6 of this order free of cost in the special facts and circumstances of this case.
13. The order of the Commission may be complied in four weeks time.
Sd/-
(M.L. Sharma) Central Information Commissioner 12RajeshwarKapoor2811 LS A 8 4 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) Assistant Registrar Tele: 011-2616 26 62