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Mohd Ahmed vs Mcd on 31 December, 2025

                                के ीय सूचना आयोग
                          Central Information Commission
                             बाबा गंगनाथ माग, मुिनरका
                           Baba Gangnath Marg, Munirka
                          नई िद     ी, New Delhi - 110067

File No: CIC/MCDND/C/2024/627932

Mohd Ahmed                                        ....िशकायतकता /Complainant


                                         VERSUS
                                          बनाम


PIO,
PIO under RTI,
Asst. Assessor &
Collector-City-S.P.Zone, Municipal
Corporation of Delhi, Assessment &
Collection Dept., City S.P. Zone,
Old Hindu College Building,
Nigam Bhawan, Kashmere Gate,
Delhi-110006                                        ..... ितवादीगण /Respondent

Date of Hearing                      :    23.12.2025
Date of Decision                     :    29.12.2025

INFORMATION COMMISSIONER :                Vinod Kumar Tiwari

Relevant facts emerging from complaint:

RTI application filed on             :    04.04.2024
CPIO replied on                      :    Not on record
First appeal filed on                :    NIL
First Appellate Authority's order    :    Not on record
2nd Appeal/Complaint dated           :    03.07.2024

Information sought

:

1. The Complainant filed an RTI application dated 04.04.2024 (online) seeking the following information:

"Kindly provide certified copy of the records mentioned below of the property 6562/A Dargah Abdul Quddus urf Nau Gaza Peer Police Colony Ahata Kidara Sadar Bazar Delhi 110006.

required documents in certified copy:

1. House Tax Receipts from 1925 so far.

2. Assessment Reports from 1925 so far.

3. Maps of The Property

4. Inspection Book from 1925 so far.

5. Survey

6. Any other types of documents that you have I am the residence of the property mentioned above, And now my father pays the house tax of this property, Earlier, my grandmother Ashiya Begum and before her my great grandfather Haji Abdul Rehman used to pay the house tax of this property.

so this information is related to me. Not related to any other party. Please therefore provide me with this information. I am also uploading documents related to this information."

2. Not having received any response from the PIO, the Complainant filed a First Appeal dated NIL. The FAA's order is not on record.

3. Feeling aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.

Relevant Facts emerged during Hearing:

The following were present:-

Complainant: Present in person.

Respondent: Shri Kiran, Assistant Assessor & Collector/PIO and Shri Munna Lal, Assistant Section Officer, appeared in person.

4. Proof of having served a copy of Complaint on Respondent while filing the same in CIC on 03.07.2024 is not available on record. The Respondent conformed non-service.

5. The Complainant inter alia submitted that the Respondent had not provided the complete set of documents sought by him. He stated that the documents furnished pertained only to the period after 1948, and that no records prior to 1948 had been provided despite his request.

6. The Respondent while defending their case inter alia submitted that the Complainant was duly called for an inspection of the available records, and after the inspection, approximately 54 pages of documents held in their custody were provided to him on 23.04.2024. Copies of these documents have also been placed on the record of the Commission.

Decision

7. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the Complainant had sought a large and voluminous set of historical property records dating back to 1925. The Respondent submitted that the Complainant was duly called for inspection of records and, after inspection, all documents available in their custody amounting to approximately 54 pages were supplied to him on 23.04.2024. Copies of the same have also been placed on record before the Commission. It is noted that the Complainant did not approach the Commission with clean hands as he did not disclose in his complaint to the Commission that he had received documents from the PIO. His conduct is not appreciated.

8. It is noted that the instant matter is a complaint under the RTI Act where no further direction for disclosure of information can be given, and it is only required to be ascertained if the information has been denied with a mala fide intention or due to an unreasonable cause. Upon perusal of the facts on record, the Commission finds that appropriate reply has been given by the respondent. No mala-fide is established on the part of the PIO in this case. The Respondent has clarified that no additional or older records prior to the supplied documents are available in their office. Under the RTI Act, 2005, a CIC/MCDND/C/2024/627932 Page 3 of 4 Public Authority is obligated to provide only such information as is existing and held in its records; it cannot be compelled to create, reconstruct, or procure historical documents which are not available. In view of the above, the Commission finds no further scope of intervention in the instant matter.

The Complaint is dismissed accordingly.

Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:

The FAA, Municipal Corporation of Delhi, City SP Zone, 2nd Floor, Nigam Bhawan, Old Hindu College Building, Kashmere Gate, Delhi - 110006 CIC/MCDND/C/2024/627932 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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