Central Information Commission
Smt. Heera Devi vs Municipal Corporation Of Delhi (Mcd) - ... on 8 August, 2008
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2007/00707 dated 17-5-2007
Right to Information Act 2005 - Section 19
Appellant: Smt. Heera Devi
Respondent: Municipal Corporation of Delhi (MCD) Slum & JJ Dep't.
FACTS
By an application of 12.2.2007 assigned ID No. 685/07 Smt. Heera Devi of Tagore Road, New Delhi applied to PIO, MCD (Slum & JJ Dep't.) seeking the following information:-
1. "Kindly furnish the reason as to why in specific order passed by Shri A. B. Shukla, Addl. Commissioner (S&JJ) Hon'ble Appellate Authority in ID No. 126/AA-1 (S&JJ)/2006 passed on 17.10.2006.
Whereby directed the Dir. (Allott.) to vacate the premises No. 9- C, Tagore Road (Minto Road) New Delhi from Trespasser and there after allotted to the same to Smt. Hira Devi have not been complied till date.
2. Kindly furnish the name of the officials concerned with designation there of who are men behind the said delay.
3. Kindly tell the said delay in allotment is collusive intentional and deliberate or not on the part of official concerned.
4. Kindly furnish the time frame work as to and when up to the said premises No. 9-C, Tagore Road be get allotted to the needful applicant, as the same is of eighty years old and now sleeping on the footpath sine last three years without any cause rheum and reasons.
5. Kindly tell the ATR on the application dated 20.11.06 filed by the applicant for the execution of the order dated 17.10.06 passed by Hon'ble appellate authority in ID No. 126/AA-1 (S&JJ)/ 2006/"
To this she received a response on 26.2.2007 from PIO, (Slum & JJ Dep't.) attaching a report of Deputy Director (Allotment) on the information sought as follows:-
1. "As per the records of allotment Branch, The Addl.
Commissioner (S&JJ) not passed any order on 17.10.06.
2. Since, there is no delay on the part of the department, the names of the official is not required.
13. Smt. Heera Devi, the applicant has been issued the letters for attending the draw of flat but she could not attend the draw, as such, there is no delay on the part of department.
4. As above in Para 3.
5. The information/ documents sought by the applicant has already been supplied to DD (DRIA) vide No. D/918/DD (Allot.)/ 06 dated 6.11.2006."
Not satisfied with this response Smt. Heera Devi moved her first appeal on the basis of the following plea;
"The said specific order was passed by the Ld. Shri A. B. Shukla, Addl. Commissioner, (S&JJ) appellate authority in hearing of ID No. 126, AA-I (S&JJ) 2006 on page No. 222/C, where it specifically directs that a portion of Kothi No.9C, Tagore Road (Minto Road) has been occupied by a trespasser and that it will be got vacated and thereafter allotted to Smt. Heera Devi."
In response a further letter was sent to appellant by Dy. Dir (Allotment) on 16.4.2007 reiterating that "there were no orders passed by the Addl. Commissioner, S&J for the allotment of 9-C, Tagore Road". In her prayer before us, however, Smt. Heera Devi has submitted as follows;-
"That the impugned order dated 17.4.20071 passed by Ld. Shri A. B. Shukla, First Appellate Authority/ Addl/ Commissioner (S&JJ) and the impugned order dated 23.2.2007 passed by Ld. Dy. Director (Allot.) and letter dated 26.2.2007 given by PIO and letter No. D/409/DD/ (Allot.)/07 dated 16.4.2007 given by the Director (Allot.) may kindly be set aside and the application dated 12.2.2007 filed by the appellant under RTI Act, 2005 along with Annexure 'A' may kindly be allowed and the Dy. Director (Allotment) (S&JJ) may kindly be directed to supply the copy of documents factual position asked as per "Annexure 'A'"
of the application dated 12.2.2007 to the appellant as the same is in the interest of justice."
The appeal was heard on 8-8-2008. The following are present.
Respondents Shri S. C. Yadav, Director (Allotment) Shri Purshottam Kumar, Asstt. Director (Allotment) Shri D.P. Ture, PIO Shri Trilok Chand, husband of Appellant Smt. Heera Devi, held up in the precipitate rain, appeared after the hearing.
1The 1st appeal was heard on this date but the order is dated 19.4.'07 2 The basic dispute before us is as to whether orders were indeed passed by Shri A. B. Shukla, Addl. Commissioner, S&JJ to allot a portion of Kothi, 9-C, Tagore Road to Smt. Heera Devi. In this context Shri Trilok Chand submitted a copy of a note dated 13.10.2006 written by Shri A. B. Shukla, Addl. Commissioner, S&JJ addressed to Director (Allot) on hearing an appeal under an RTI application ID No 126/2006 which reads as follows;-
"While hearing the appeal under Right to Information Act, 2005, filed by Smt. Heera Devi (ID No. 126/2006), it has come to my notice that 2 a portion of Kothi No. 9C, Tagore Road (Minto Road), had been occupied by a trespasser and that it will be got vacated and thereafter allotted to Smt. Heera Devi.
I would like to know as to how trespasser could occupy the property under the charge of the Slum & JJ Department and why no action has been taken for his eviction. A detailed note giving history of the case and fixing the responsibility should be put up within fifteen days positively."
Shri S. C. Yadav, Director (Allotment) on the other hand submitted that there were no orders from Shri A. B. Shukla regarding allotment, but only a noting of the allegation of appellant Smt. Heera Devi. On the other hand he submitted a copy of a letter of 30.7.2008 received from Assistant Director (Allotment) whereby, "as Smt. Heera Devi had requested for temporary allotment of CPWD Kothi, a portion No. 9-C, Tagore Road has been allotted to her on License fee basis as a temporary accommodation on 2.6.08 and the possession of the said portion has been taken over by her on 18.6.08."
DECISION NOTICE From a simple reading of the above it is quite clear that no orders on the subject of allotment stand issued in the documents shown to us by Shri A. B. Shukla but only a recording of a complaint received by him on which he has sought answers. This issue however has been complicated by appellant referring to orders of allotment of 17.10.'06 in the original application, and the document of allotment claimed shown to us carrying the date dated 13.10.'06. The response given to the request for information cannot, therefore, be 2 Underlined by us to clarify that this had only come to the notice of the officer 3 faulted. The question of the justice of allotment of residential premises to appellant Smt. Heera Devi goes beyond the jurisdiction of this Commission and can only be agitated in the necessary quarters by appellant on the basis of information provided, notably with the Public Grievance Redressal Commission, Indraprastha Estate, New Delhi-110002.
The information sought by appellant having been supplied by the PIO, the appeal is unsustainable and is, therefore, dismissed.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 8-8-2008 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Pankaj K.P. Shreyaskar) Joint Registrar 8-8-2008 4