Central Information Commission
Baleshwar vs Office Of The Additional Distt. ... on 1 February, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
द्वितीय अपील सख्ं या / Second Appeal No.: CIC/ADDDM/A/2018/160915
BALESHWAR .....अपीलकर्ाग/Appellant
VERSUS/बनाम
PIO,
Sub-Divisional Magistrate-(HQ) (Government
of NCT of Delhi), South-East District, Old Gargi
College Building, Lajpat Nagar-IV, New Delhi-110024.
2. Public Information Officer under RTI
Nayab Tehsildar-(Land Acquisition)/HQ.
O/o. the S.D.M.-(HQ/SE) (Government of
NCT of Delhi), South-East District, Old Gargi College
Building, Lajpat Nagar-IV, New Delhi-110024. ...प्रतिवादीगण/Respondent
Relevant facts emerging from appeal:
RTI application filed on : 20-03-2018
CPIO replied on : Not on record
First appeal filed on : 04-05-2018
First Appellate Authority order : 18-06-2018
Second Appeal dated : 05-10-2018
Date of Hearing : 01-02-2021
Date of Decision : 01-02-2021
lwpuk vk;qDr : Jh हीरालाल सामररया
INFORMATION COMMISSIONER : Shri Heeralal Samariya
Information sought:
The Appellant sought information through 04 points regarding property land bearing Khasra No. 115/37 min (00-12) in Khewat No. 12, 115/37 min (00-14) in Page 1 of 3 Khewat No. 13, 61 (1-17) in Khewat No. 10, 63 (1-04) in Khewat No. 7, 67 min (0-5) in Khewat NO. 6, 73 (0-7) in Khewat No. 7 etc. The desired information is as under:
1. Whether the above said land in entirety or any the part/area of any Khasra no. is acquired?
2. In case the above said land or any of its part/area is acquired, kindly supply the copy of the award.
3. The whether the possession of the land is taken by the LAC or not and in case the possession is taken, kindly supply the possession report.
4. The in case the land is acquired and possession is taken, whether the compensation is paid or not? If it is paid to whom it is paid and supply the copy of payment certificate.
On getting no response from the PIO, the Appellant filed a First Appeal dated 04.05.2018. The FAA vide order dated 18.06.2018, disposed off the First Appeal and directed the PIO/NTLA (South-East) to provide a point wise specific information to the Appellant within 10 days from the date of receipt of order.
Being aggrieved on non-compliance of FAA's order, the Appellant approached this Commission by filing the instant Second Appeal.
Grounds for Second Appeal:
The PIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Shri Balweshwar, appear in person. Respondent : Shri Manish Kr. Gulia (N.T.) alongwith Shri M.L. Meena (Kgo)- LAC (S.E.), appear in person.
The Appellant submitted that the payment file with respect to the desired information has been provided by the Respondent, however, copy of award as sought vide point no. 2 has not been supplied by the Respondent till date. The Respondent during hearing supplied a copy of point wise reply/information to the Appellant vide letter dated 22.01.2021. The said reply has been perused by the Commission. As regards the copy of award, the Respondent stated that the records pertaining to said file is not available with them and records pertain to year 1979-80.
Decision:
Upon hearing the submissions of both the parties and perusal of records, the Commission notes that point wise reply alongwith available information has been furnished by the Respondent vide its letter dated 22.01.2021.Page 2 of 3
However, to allay any subsequent apprehension of the Appellant, Commission directs the PIO to file an appropriate letter stating that the records pertaining to award file is not available with them. The said communication shall be sent by the PIO to the Commission with its copy duly endorsed to the Appellant within 2 weeks from the date of receipt of this order.
With the above mentioned directions, the instant Appeal is disposed off.
Heeralal Samariya (हीरालाल सामररया) ु ) Information Commissioner (सचू ना आयक्त Authenticated true copy (अभिप्रमाणणि सत्यापिि प्रति) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 3 of 3