Central Information Commission
Shri.Shiv Narain Singh vs Mcd, Gnct Delhi on 16 November, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002425/15686
Appeal No. CIC/SG/A/2011/002425
Relevant facts emerging from the Appeal:
Appellant : Mr. Narain Singh,
Seat No. 52, 1439,
Old Court Compound,
Kashmere Gate,
Delhi - 110006
Respondent : Mr. R. Prasad
Public Information Officer & SE Municipal Corporation of Delhi O/o The Superintending Engineer, Civil Lines Zone, 16, Rajpur Road, Delhi - 110054 RTI application filed on : 20/05/2011 PIO replied on : 30/05/2011 First Appeal filed on : 15/05/2011 First Appellate Authority order of : 08/08/2011 Second Appeal received on : 02/09/2011 The information sought: The Appellant wants information regarding I.D. No 221:
S.No. Information Reply
1. How many Properties maps are passed from 2005 1595 Maps are passed by building
to till now? Please Provide the S. No. List wise of department civil lines zone from
the Postal Address date. 01/01/2005 to 24/05/2011. For getting desired information, You can visit the office and inspect the record.
2. How many Properties are regularized from 2005 491 properties are regularized from 2005 to to till now? Please Provide the S. No. List wise of till now. For getting desired information. the Postal Address date. Your can visit the office and inspect the record.
3. How many Properties are Booked for demolition 460 properties are booked by building from 2009 to till now? Please Provide the S. No. department civil lines zone from List wise of the Postal Address date. 01/01/2009 to 30/04/2011. For getting desired information. Your can visit the office and inspect the record.
4. Is any Properties booked at time of build for This is not related to record.
demolition. Other wise when the people are lived there. then Grounds for the First Appeal:
The appellant was received an unsatisfactory reply from the PIO.
Order of the First Appellate Authority (FAA):
" I have gone through the RTI application in respect of the above mentioned I.D. the appellant wants to know about the details of properties where building plans have been sanctioned by the building department Civil lines Zone from 01-01-2005 to till date.
I have also scrutinized the information provided by the PIO. The PIO has informed about the details of properties to the appellant and also advised him to inspect the records available in his office as the information requisitioned by the applicant is not available in a material form.
The appellant may note that under the RTI Act 2005, a PIO is obliged to provide information which is held under the control of a public authority. He cannot provide something which is not available in a material form. The definition of the word "information" under Section 2(f) is quite clear and it only means information which is available in a material from and is held by or exists under the control of a public authority. He has to refer to the records and provide information asked for by an appellant. He cannot answer any queries asked by the appellant or something which is not available on records. He cannot provide information based on his memory or experience of working in the Department.
The appellant is advised to inspect the relevant records available in PIO's office on any working day during office hours with prior intimation to PIO's office within 10 days form the receipt of this order and obtain photocopies of documents if the appellant so desire after the inspection of records as per provisions of RTI Act - 2005. PIO is directed to give all possible assistance to the appellant for inspection of records."
Ground of the Second Appeal:
The applicant is not satisfied with the PIO reply and unsatisfactory order was passed by the First Appellate Authority.
Relevant Facts emerging during Hearing:
The following were present Appellant : Absent;
Respondent : Mr. Surendra Singh, AE(B) on behalf of Mr. R. Prasad, PIO & SE;
The Appellant had sought information which is not in a complied form and the respondent has given him an opportunity of inspecting the relevant files. The Appellant has not taken the opportunity of inspection and the respondent states that he has provided the information which was available.
Decision:
The Appeal is disposed.
Information available on the records has been provided.
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 16 November 2011 (In any correspondence on this decision, mention the complete decision number.) (SU)