Central Information Commission
Siri Chand Saini vs Revenue Department on 21 December, 2023
केन्द्रीय सच
ू ना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मनु नरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
File No: CIC/REVDP/A/2023/122380
SIRI CHAND SAINI .....अपीलकर्ाग/Appellant
VERSUS
बनाम
PIO,
SDM (HQ) Department of
Revenue, 5, Sham Nath Marg,
Prema Kunj, Civil Lines,
Delhi, 110054 ....प्रनर्वािीगण /Respondent
Date of Hearing : 14-12-2023
Date of Decision : 19-12-2023
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 14-02-2023
PIO replied on : 07-08-2023
First appeal filed on : 30-03-2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 19-05-2023
Information sought:
The Appellant filed an RTI application dated 14.02.2023 seeking the following information:1
"Q1. How much was the field/land area of khasra Number 1951 of Village Basaidara Pur as per Jamabandi of year 1950-51 and who were the owners of the khasra number 1951.
Q2. How much land was acquired out of khasra number 1951 for the construction of Ring Road phase-4 from Najafgarh road to Rohtak Road during the period of year 1951 to 1960.
Q3. What were the min numbers given to the field of khasra number 1951 after for construction of the Ring Road.
Q4. Who were the owners of the min 3970/1951 as per the revenue record in the year 1963 1964 and 1965."
Having not received any response from the PIO within the stipulated time, the appellant filed a First Appeal dated 30.03.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal. Thereafter, the PIO provided point-wise reply to the appellant vide letter dated 07.08.2023 and the same is reproduced as under:
1. "Jamabandi for the year 1950-51 in r/o Vill. Basaidara Pur has not been consigned in Central Record Room, Tis Hazari Courts Complex Delhi.
2. The information/reply pertains to PIO/ SDM (HQ), Office of DM West, District West, Delhi.
3. As in (2) above.
4. There is no entry of Khasra No. 3970/1951 min in the Jamabandi/Khatoni of year 1964-65 in r/o vill- Basaidara Pur as available in Central Record Room."
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present Respondent: Shri Devender Singh, APIO and Shri Narender Kumar, ASO, appeared in person.2
The appellant inter alia submitted that reply given by the respondent was incomplete and evasive. He requested the Commission to direct the respondent to provide complete information without further delay.
The respondent while defending their case inter alia submitted that they have provided point-wise reply wherein it has been informed that information sought on point no. 2 and 3 of the RTI application pertained to PIO/SDM (HQ), Office of DM West, District West, Delhi. As regard to point no. 1, the respondent informed that Jamabandi for the year 1950-51 in r/o Vill. Basaidara Pur has not been consigned in Central Record Room, Tis Hazari Courts Complex Delhi. Further, against point no. 4, the respondent replied that there is no entry of Khasra No. 3970/1951 min in the Jamabandi/Khatoni of year 1964-65 in r/o vill- Basaidara Pur as available in Central Record Room.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the respondent have provided point-wise reply to the appellant vide letter dated 07.08.2023. It may be noted that the respondent had replied to the RTI application after y of 174 days from the date of filing of the RTI application and they failed to explain reasons for the delay occurred in this matter. The respondent while responding to the RTI application informed that information sought on point nos. 2 and 3 of the RTI application did not pertain to them.
The Commission observes that due reply has been given by the respondent on point no. 1 and 4 of the RTI application. As regard to point no. 3 and 4, the Commission directs the Respondent to take assistance under Section 5(4) of the RTI Act from the concerned PIO and collect information as sought in the RTI application and provide revised information on point no. 3 and 4 of the RTI application, to the appellant, as per the provisions of the RTI Act, within a period of three weeks from the date of receipt of this order.
The Commission further observes that there is a delay in providing information to the Appellant on his RTI application. In view of this, the Respondent is directed to be cautious in future and ensure that information should be provided to the RTI applicants within the stipulated time as per the provisions of the RTI Act. With the above observations and directions, the appeal is disposed of.
The RTI Act mandates every public authority to provide as much information on their web portal in compliance of section 4 (1) (b) of the RTI Act so that the 3 public have minimum resort to the use of the RTI Act to obtain information. Shri Ashwini Kumar, Divisional Commissioner is advised to ensure compliance of section 4 (1) (b) of the RTI Act and the same should be updated from time to time so that cases like this do not require resorting to RTI merely to ascertain from where they can get copies of the requisite documents. With the aforementioned observations and directions, the appeal is disposed of.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार तििारी) Information Commissioner (सच ू ना आयक् ु ि) Authenticated true copy (अभिप्रमाणणर् सत्यापपर् प्रनर्) (R K Rao) Dy. Registrar 011- 26181927 Date 19-12-2023 Mr. SIRI CHAND SAINI WZ 396 BASAI DARA PUR New Delhi - 110015 Ashwini Kumar Divisional Commissioner, 5, Sham Nath Marg, Delhi-110054 4