Central Information Commission
Mr.Sushil Kumar vs Mcd, Gnct Delhi on 20 March, 2013
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/DS/A/2012/001632
Appellant /Complainant : Shri Sushil Mittal, New Delhi
Public Authority : North Delhi Municipal
Corporation, New Delhi
(Ms. Sunita Chandra, PIO & Sh. Vijay
Sharma, Supdt.)
Date of Hearing : 20 March 2013
Date of Decision : 20 March 2013
Facts:
1. Appellant submitted his RTI application dated 27 March 2012 before the CPIO, North Delhi Municipal Corporation, New Delhi seeking information about cancellation of mutation of various properties in Delhi Region till now.
2. Vide CPIO's Order dated 9 April 2012, disclosure of information was denied under section 8 (1) (d) , (g) and (j) of the RTI Act, 2005.
3. The Appellant preferred first Appeal dated 25 April 2012 to the First Appellate Authority.
4. Vide FAA Order dated 8 May 2012, CPIO's Order was upheld.
5. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
6. Matter was heard today. Both the parties were present at the hearing in person and made submissions.
7. Appellant submitted that the information sought is available with the Public Authority and is not voluminous in nature as the same is held in the Mutation Register maintained by the Public Authority.
8. Respondents submitted that the information is not being maintained in the format as desired by the RTI Applicant.
Appeal: No. CIC/DS/A/2012/001632 However, it was confirmed that Mutation Registers are maintained but CPIO but that he is restricted in disclosing the Personal files of the Property owners to Appellant as the same being "personal information" attract Section 8 (1) (j) of the RTI Act, 2005.
Decision Notice
9. Commission has heard both the parties in detail.
10. Commission directs the CPIO to allow inspection to the Appellant of the mutation registers as maintained by each zone i.e. 6 Zones. Personal files of the Property owners being "personal information" attract Section 8 (1) (j) of the RTI Act, 2005 and hence may not be allowed for inspection to the Appellant.
11. Inspection of the mutation registers is allowed for three hours in each zone, 1st hour for free and for next two hours on cost, as per relevant RTI Rules.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to:
1. Shri Sushil Mittal House No. 18/44 Punjabi Bagh West New Delhi110026
2. The CPIO Dy. Assessor & Collector (Admin./HQ ) North Delhi Municipal Corporation Assessment & Collection Department 20th Floor, Dr. S.P.M. Civic Centre J.L.N. Marg, New Delhi110002 Appeal: No. CIC/DS/A/2012/001632
3. The Appellate Authority Assessor & Collector (HQ) North Delhi Municipal Corporation Assessment & Collection Department 20th Floor, Dr. S.P.M. Civic Centre J.L.N. Marg, New Delhi110002 Appeal: No. CIC/DS/A/2012/001632