Central Information Commission
Mr. M.P. Singh vs Govt. Of Nct Of Delhi, Land & Building ... on 29 July, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai, New Delhi 110067.
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2009/001493/4321
Appeal No. CIC /SG/A/2009/001493
Relevant Facts emerging from the Appeal
Appellant : Mr. M.P. Singh,
R/o WZ-43, IInd Floor, Street No. 3,
Shiv Nagar, New Delhi - 110058.
Respondent : Mr. J.K. Kaushik,
Public Information Officer,
Govt. of NCT of Delhi,
Land & Building Department,
(Land Acquisition Branch),
D-Block, Vikas Bhawan,
New Delhi - 110002.
RTI application filed on : 05/03/2009
PIO replied : 30/03/2009
First appeal filed on : 06/04/2009
First Appellate Authority order : 06/05/2009
Second Appeal received on : 15/06/2009
Information sought:
The appellant had asked regarding copy of the Notification issued for acquiring Property No. 3, Attaur- Rehman Lane, Civil Lines, Delhi-110054, and copy of the de-notification ever issued in respect of above said property.
(1) A copy of the Notification issued for acquiring Property No. 3, Attaur- Rehman Lane, Civil Lines, Delhi-110054, land measuring 8 Bigha in Khasra No. 730/416 and 1 Bigha 10 Biswa from Khasra no. 732/416/1 (Total land measuring 9 Bigha 11 Biswas) a per provisions held in Land Acquisition Act, 1894.
(2) A copy of the de-notification ever issued in respect of above said property under sub-section (1) 48 of the Land Acquisition Act, 1894 by the Lt. Governor of Delhi.
The PIO replied.
In this regard, requisite information in respect of Village Civil Lines is as under:-
Kh. No. Area u/s-4 u/s-6 Award No. Date of
Possession
730/416 8-00 F.15(60)/63-LSG F.15(60)/63-LSG 2088-A (Supp.) PWD on
dt. 08.11.63 dt. 19.11.06 730/416(8-01) dated
04.10.05
730/416 11-00 F.15(60)/63-LSG F.15(60)/63-LSG 2088-A (Supp.) PWD on
dt. 08.11.63 dt. 19.11.06 730/416(1-10) dated
04.10.05
(ii) no proposal for acquisition of land in question is on record. The information may also be obtained from LAC concerned. Order of First Appellate Authority:
"I find that PIO had provided complete information except the copy of notification for acquisition and information about withdrawal of notification if any, therefore, the PIO is directed that copy of notifications be provided to the appellant within 15 days of receipt of these orders".
Grounds for Second Appeal:
The appellant had not received the much awaited copies of the Notifications from the PIO as on dated even after the direction passed by 1st Appellate Authority order vide said dated 06-05-2009. also, the information about de-notification and present status is incomplete, hence this appeal raised before the Commission.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. M.P. Singh, Respondent: Mr. J.K. Kaushik, PIO The PIO is unable to give copies of two notifications pertaining to 1963 and 1966 which the appellant wants. The PIO has given in writing that they are not able to trace these two notifications.
Decision:
The Appeal is allowed.
The PIO will give copies of the notifications to the appellant before 30th August, 2009 failing which he will give a statement that the notifications are not available with them.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.
Shailesh Gandhi Information Commissioner 29.7.2009 (In any correspondence on this decision, mentioned the complete decision number.) (BK)