Central Information Commission
Capt As Bhardwaj vs Government Of Nct Of Delhi. on 10 November, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002313/5444
Appeal No. CIC/SG/A/2009/002313
Relevant Facts emerging from the Appeal:
Appellant : Capt AS Bhardwaj,
D-701, Ambience Island,
NH-8, Gurgaon- 122002-13
Respondent : Public Information Officer
Government of NCT of Delhi.
O/o Sub Divisional Magistrate, Narela, Alipur, N-W District, Delhi- 110088.
RTI application filed on : 18/03/2009 PIO replied : 08/04/2009 First appeal filed on : 08/06/2009 First Appellate Authority order : No order. Second Appeal received on : 14/09/2009 S. No Information Sought (on the basis of the directions Reply of the PIO
given by Court of Collector, NW, Kanjhawala, Delhi order No DC/NW/2009/297, dated 10/02/2009).
1. Action taken to carry out the mutation of the 'The order of worthy agricultural land as per the laws and rules. DCCN/NW is implemented in the revenue record'.
2. The time duration within which the mutation of the "As mentioned in the DLR Act, land will be carried out. 1954".
3. The reasons for delay in the mutation of the land. 'There is no delay in effecting mutation'.
4. Whether the responsibility for misplacing the Misal "The Misal No 343/19-9-1989 is No 343/19-9-1989 been fixed and the name and the prior to erstwhile Delhi designation of the official responsible. Tehsil at Tis Hazari. Efforts are
b) The time duration required to fix the being made to trace the file. responsibility.
First Appeal:
Unsatisfactory information provided by the PIO. Order of the FAA:
No order given by FAA.
Ground of the Second Appeal:
Unsatisfactory information provided by the PIO and no order given by FAA. Relevant Facts emerging during Hearing:
The following were present:
Appellant: Capt A.S. Bhardwaj;
Respondent: Absent;
The appellant states that he had enquired whether the mutation of the agriculture land as per the order given by Mr. Madhup Vayas, Collector (NW) on 10/02/2009 had been implemented. The operative part of this order states, "Keeping in view the factual position of the case, the present appeals are allowed and the mutation order dated 19-09-1989 & 20-11-1997 are hereby set aside. The matter is remanded to the SDM/RA, Narela with a direction that the mutation of the said agricultural land be done in accordance with law & rules, after giving proper notices to all concerned. It is further ordered that the responsibility be fixed for misplacing the misile no. 343/19/9/89 after conducting an enquiry into the matter. A copy of the action taken report shall be submitted by SDM/Ra, Narela to the undersigned within one month." The Appellant states that mutation order should have been reversed and the mutation should have been done in accordance to laws and rules. Since the information has been provided to the Appellant states that, "the order of the DC(N/W) implemented in the revenue record". The Appellant states that this information is false. The PIO is directed to provide a copy of the reversal of the mutation order and the names in whose favour the mutation is done.
Decision:
The Appeal is allowed.
The PIO is directed to provide a copy of the reversal of the mutation order and the names in whose favour the mutation is done.
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.
Shailesh Gandhi Information Commissioner 10 November 2009 (In any correspondence on this decision, mention the complete decision number.)(RR)