Central Information Commission
Mrvivek Agarwal vs Government Of Nct Of Delhi on 11 March, 2014
CENTRAL INFORMATION COMMISSION
(Room No.315, BWing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
File No.CIC/AD/A/2012/003785SA
(Vivek Agrawal Vs. Revenue Department, GNCTD)
Appellant : Vivek Agrawal
Respondent : Revenue Dept., GNCTD
Date of hearing : 11.3.2014
Date of decision : 11.3.2014
Information Commissioner : Prof. M. Sridhar Acharyulu
(Madabhushi Sridhar)
Referred Sections : Sections 3, 19(3) of the
RTI Act
Result : Appeal allowed / disposed of
FACTS
Heard today dated 11.3.14. Appellant present. Public Authority is represented by Shri Ajit Singh, Tehsildar who was heard after the scheduled time of hearing.
2. During the hearing, Appellant submitted that land under Khasra No.821 and 828 Chattarpur was acquired by DDA and the matter is pending before the High Court for compensation. He added that the PIO in his reply has stated that these lands are private property which is a wrong information. He added that vide notification dt.5.6.85, the land was acquired. He also stated that the reply given by the PIO to query No.3 was also wrong that revenue department is maintaining the record of land and wherever illegal construction is found, Department will act according to DLRA. But, in response to the first appeal, the ADM had stated that Revenue Department is maintaining the revenue records according to various revenue rules and if agricultural land is used for other purpose, the Department will act according to revenue rules and added that the responsibility of checking of illegal construction is with MCD. The Appellant wants to know what is the present position of the land, who will be supervising this, who will take action against the persons using the land other than for agricultural purposes. The Respondent who arrived after the scheduled time of hearing submitted that there is no contradiction in his reply. In the case of unauthorized construction, MCD is the competent authority and Section 81 of DLRA would be invoked against those who use the agricultural land for other purposes. He added that according to their records, the land under Khasra No.821 and 828 is still a private property. He added that the exact information as to who is the owner of the land at present and whether the land has been acquired or not will be available with LAC branch.
3. The Commission after hearing the submissions made directs the PIO to obtain the information from the LAC branch and supply the same to the Appellant within three weeks of receipt of this order. The PIO is also directed to make necessary entries in the register based on the outcome of the case pending before the High Court.
4. The appeal is disposed with the above direction (M. Sridhar Acharyulu) Information Commissioner Authenticated true copy (Ashwani K. Sharma) Designated Officer Address of parties
1. The CPIO Department of Revenue O/o Sub Divisional magistrate Hauz Khas Govt. of NCT of Delhi Old Tehsil Building Mehrauli New Delhi 110 030
2. Shri Vivek Agrawal A107, Dayanand Colony Lajpat NagarIV New Delhi 110 024