Central Information Commission
Shyam Vir Singh vs Gnctd on 1 October, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/GNCTD/A/2023/147643
Shyam Vir Singh .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
SDM (Saket), Office of the Dy. Commissioner
(South), M B Road, Saket,
New Delhi - 110017. ....प्रनर्वािीगण /Respondent
Date of Hearing : 20.09.2024
Date of Decision : 01.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 28.08.2023
CPIO replied on : Not on record
First appeal filed on : 06.10.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 11.12.2023
Information sought:
The Appellant filed an RTI application dated 28.08.2023 seeking the following information:
1. Is it a fact that the then Tehsildar (Hauz Khas) through his single order No. 8080 dated 11- 09-2012 (copy enclosed) cancelled 20 mutations of village Saidulajaib, which is now under Tehsil (Saket) and vested this land in Sarkar Daulatmadar. At the end of the order, it has been stated: This Page 1 of 4 issues with the approval of Competent Authority." The name of the Competent Authority may be intimated and an attested copy of the note/ approval given by the Competent Authority may be provided.
2. After cancellation of the above twenty mutations this land has been vested in Sarkar Daulatmadar. It may be intimated under which Section of the DLR Act 1954 or rule this land has been vested in Sarkar Daulatmadar. A copy of the order through which this land has been vested in "Sarkar Daulatmadar" may be provided, since order No. 8080 dated 11-09-2012 issued by the then Tehsildar is silent on this subject.
3. It may be intimated whether name(s) of the Bhumidars were substituted by Sarkar Daulatmadar in Revenue records after acquisition of 708 bigha and 11 biswas of agricultural land of village Saidulajaib through award No. 13/ 87-88, and when this award was quashed by Hon'ble Delhi High Court through their order dated 15-05-1989 in case No. CWP 1635/85 (titled Balak Ram Gupta v/s UOI) and then names of the original Bhumidars were restored in revenue records.
4. It may be intimated whether after cancellation of a mutation as per rules/ procedure, the land is reverted to the name of the seller in revenue records or is vested in Sarkar Daulatmadar.
5. It may be intimated whether the sale deeds of the lands whose mutations were cancelled have been cancelled/ revoked, since it seems to have been assumed that these sale deeds were executed illegally.
6. The Land & Building Deptt. GNCT Delhi through their letter No. F. 11(37)/07/L&B/LA- 8559-80 dated 11-09-2007, addressed to Pr.
Secretary cum Commissioner (Rev) and Vice Chairman DDA, with copies to all DCs/ADM/LACs of Districts had conveyed the decision of Hon'ble Lt. Governor, that any land falling within the boundaries of such unauthorized colonies, to be regularized as per the survey which has been carried out by Divisional Commissioner, whether built up or not, will not now be taken over by the Government. It may be intimated whether this order of the Hon'ble Lt. Governor has been applied to any of the unauthorized colonies in the list of 1800 colonies to be regularized falling within the jurisdiction of Tehsil Saket. The list of such colonies falling under Tehsil Saket may be intimated.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 06.10.2023. The FAA's order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 2 of 4Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Shri Abhijeet Singh, authorized representative, appeared in person. Respondent: Ms. Anita Yadav, PIO appeared in person.
The representative of the appellant inter alia submitted that neither the CPIO nor the FAA provided any reply to the RTI application and the first appeal till the date of hearing.
The respondent while defending their case inter alia submitted that they had replied the RTI application vide letter dated 19.01.2024 wherein they offered inspection of the records on any working day. The respondent apologised for the inconvenience caused to the appellant due to delay in replying the RTI application and assured that such incident would not recur in future.
The representative of the appellant informed that the appellant has not received the aforesaid reply dated 19.01.2024.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the respondent offered the appellant to inspect the relevant records vide letter dated 19.01.2024, a copy of the same is placed on record. However, the appellant's representative submitted that the appellant has not received the reply dated 19.01.2024.
In view of the above and in the interest of justice, the Respondent is directed to facilitate inspection of available and relevant records as per his RTI application on a mutually decided date & time, within a period of six weeks from the date of receipt of this order. The intimation of the date and time of the inspection shall be provided to the Appellant by the PIO telephonically and in writing well in advance. In the process of facilitating the inspection and providing subsequent copies of the record the PIO is at liberty to withhold/redact third party information or any other information which is exempted from disclosure under Section 8 (1) of the RTI Act. Copy of Page 3 of 4 documents that the Appellant desires during the inspection shall be provided by the PIO on payment of requisite fees as per the Rules.
The FAA is directed to ensure compliance of this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, ADM, Office of the Dy. Commissioner (South), M B Road, Saket, New Delhi - 110017.Page 4 of 4
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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