Central Information Commission
Kinderjit Singh Toor vs Directorate General Defence Estates ... on 23 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DIGDE/A/2024/617149
Kinderjit Singh Toor .....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Defence Estates Office, Jalandhar
Circle, Adarsh Nagar, Jalandhar
Cantonment - 144005 .... ितवादीगण /Respondent
Date of Hearing : 22.09.2025
Date of Decision : 22.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 27.10.2023
CPIO replied on : 01.12.2023
First appeal filed on : 24.12.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 23.04.2024
Information sought:
1. The Appellant filed an (online) RTI application dated 27.10.2023 seeking the following information:
"Kindly supply the following information under the RTI Act, 2005:
1. The total number of General Land Registers (GLR), date and year wise, maintained by the authority as per the Acts and MLM (Military Land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.Page 1 of 13
2. The date and year, when the General Land Registers (GLR) have been (1) Audited (2) Re-written (3) Amended, by the authority as per the Acts and MLM (Military Land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.
3. The date and year, when the General Land Registers (GLR) have been amended in concurrence with revenue records of the area, as prescribed in the Acts and MLM (Military Land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.
4. The date and year wise, number of General Land Registers (GLR) that have been lost, stolen, destroyed, damaged, have missing pages, from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.
5. The scanned copy of the rules / regulations / instructions regarding the maintenance/audit/entry/amendment of the General Land Register (GLR) from the year 1836 onwards."
2. The CPIO furnished a reply to the Appellant on 01.12.2023 stating as under:
"Reference your RTI Registration no. DEOJL/R/T/23/00022 dated 09/11/2023, DEOJL/R/T/23/00019 dated 09/11/2023, DEOJL/R/T/23/00023 dated 09/11/2023, DEOJL/R/T/23/00024 dated 09/11/2023, DEOJL/R/T/23/00021 dated 09/11/2023, DEOJL/R/T/23/00020 dated 09/11/2023, DEOJL/R/T/23/00025 dated 09/11/2023, DEOJL/R/T/23/00026 dated 09/11/2023 & DEOJL/R/T/23/00027 dated 09/11/2023
2. In this connection, it is inform that vide above referred RTI Applications (9 no's), records desired by you sensitive in nature being a Defence land records. Hence this information's cannot be provided. Further the information's desired by you is not related to you as you have not submitted any documentary proof which proves that the property belongs to you as lease holder, HoR etc.. However particular information may be provided to a person if person related to that property after obtaining approval of competent authority."Page 2 of 13
3. Being dissatisfied, the appellant filed a First Appeal dated 24.12.2023. The FAA order is Not on record.
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
5. A written submission dated 12.09.2025 filed by Shri Hemant Jain, CPIO, O/O Defence Estates Officer, Jalandhar Cantt. is taken on record. Contents of the same are reproduced below:
"2. It is submitted that in the above referred matter, RTI Request Registration no. DEOJL/R/T/23/00025, Applicant Adv. Kinderjit Singh Toor has desired following information as under-
(a) The total number of General Land Registers (GLR), date and year wise, maintained by the authority as per the Acts and MLM (Military land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.
(b) The date and year, when the General Land Registers (GLR) have been (1) Audited (2) Re-written (3) Amended, by the authority as per the Acts and MLM( Military Land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.
(c) The date and year, when the General Land Registers (GLR) have been amended in concurrence with revenue records of the area, as prescribed in the Acts and MLM (Military Land Manual), from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.
(d) The date and year wise, number of General Land Registers (GLR) that have been lost, stolen, destroyed, damaged, have missing pages, from the year 1836 to 2023 with regard to Old Grant Bungalows in (1) Amritsar Cantonment (2) Jalandhar Cantonment (3) Ferozepur Cantonment.
(e) The scanned copy of the rules/ regulations/ instructions regarding the maintenance/audit/entry/ amendment of the General Land Registers (GLR) from the year 1836 onwards.
3. It is further submitted that Directorate General, Defence Estates (DGDE) is the Headquarters of the Indian Defence Estates Service. DGDE provides advisory inputs on all Cantonments and Land matters to the Ministry of Defence and Service Headquarters ie. Army. Navy, Air Force and other organizations under Ministry of Defence. Acquisition of lands, Resettlement and Rehabilitation of displaced persons, Hiring and requisitioning of lands and Page 3 of 13 buildings, are some of the responsibilities of DGDE. It also ensures implementation of Cantonments Act 2006, Policies, Rules & Regulations and Executive instructions.
DGDE has under its jurisdiction six Principal Directorates namely, Principal Directors, Central, Eastern, Northern, Southern, South-western and Western Command. Under the Principal Directorates there are 39 Defence Estates Offices and 4 ADEO Circles for management of Defence lands in the country. Further there are 61 Cantonment Boards which are local bodies responsible for providing civic administration and implementing the Central Govt schemes of social welfare, public health, hygiene, safety, water supply, sanitation, urban renewal and education.
This office Le. Defence Estates Office Jalandhar Circle, Jalandhar Cantt is the DEO office out of 39 offices under DGDE office. This office has the jurisdiction of three cantonment namely as Amritsar Cantt., Jalandhar Cantt. and Ferozepur Cantt. apart from Defence land outside cantonment. In these three cantonments this Office has the Jurisdiction of total 9544.6304 acres of Defence land.
These lands belong to Government of India, Ministry of Defence, The occupation of these lands Mainly with Military Authority for their establishment and for their residential quarters, with Private Persons in some Old Grant Bungalow/ terms Lease/license in which pvt persons give only occupancy rights termed as HOR(Holder of occupancy rights) however ownership of land is always with Ministry of Defence. Further some/very less property may be free hold inside cantonment after obtaining the sanction from Gol, Min of Defence.
4. The property which was given to private person on Old Grant/ term lease/license may be resumed/determined at any time with prior notice to the occupants/HORs for the requirement of the Army (Ministry of Defence) and after following the procedure as prescribed by the Govt of India, these properties may be taken over back by Army from pvt persons. Each property has particular Sy. No. which is entered in General land register (GLR) as per the Govt instruction. In these GLR there are entries about HOR, land owners, Sy no, area, lease /old grant/ license details etc. The Details which is required by the Applicant is vast in nature further this property is not belonging to him. In GLR Records, there is also the entry of Defence land which is under the Important Army Installations and further there is entry of property for which occupancy right is given to the pvt person however ownership with Govt of India. The information as desired by applicant is denied by the CPIO vide letter no DEO-MISC/RTI dated 01 Dec 2023 in which it is clearly stated as under:-
Page 4 of 13"Records desired by you sensitive in nature being a Defence land records. Hence this information's cannot be provided. Further the information's desired by you is not related to you as you have not submitted any documentary proof which proves that the property belongs to you as lease holder, HoR etc. However particular information may be provided to a person if person related to that property after obtaining approval of competent authority"
5. It is further informed that Applicant has alleged that appellate authority has not replied for the appeal filed by him hence he filed second appeal before Central Information Commission. However it is observed that appellate authority has also replied to the applicant vide letter no DEO-7/Online RT1/Appelate/Vol-1/4, DEO-7/Online RTI/Appelate/Vol-1/5, DEO-7/Online RTI/Appelate/Vol-1/6, DEO-7/Online RTI/Appelate/Vol-1/7, DEO-7/Online RTI/Appelate/Vol-1/8, DEO-7/Online RTI/Appelate/Vol-1/9, DEO-7/Online RTI/Appelate Vol-1/10, DEO-7/Online RTI/Appelate/Vol-1/11 dated 01 July 2024 and in reply it is clearly stated by appellate authority that information given to Applicant by the CPIO vide letter no DEO-MISC/RTI dated 01 Dec 2023 is correct as per DEO Jalandhar record. The copy of appellate authority replies are attached herewith.
6. It is further informed that there are many properties in these three cantonments in which court cases/litigations is pending in the Hon'ble District court and High Court Chandigarh and production of GLR records/documents as desired by applicant may severely impact the court cases which is not in favor of Govt interest.
In view of the above, you are requested to kindly see the matter as sensitive in nature and pass suitable orders that whether the information as desired by applicant will be provided to him or not."
Relevant Facts emerged during Hearing:
The following were present: -
Appellant: Represented by Shri Robin Ghosh, Advocate present through video conference.
Respondent: Shri Hemant Jain, Asst. Defence Officer/CPIO present through video conference.
6. Proof of having served a copy of Second Appeal on respondent while filing the same in CIC on 23.04.2024 is not available on record. The Respondent confirms non-service.
7. Written submissions filed by the parties are taken on record.Page 5 of 13
8. Ld. Counsel for the Appellant invited attention of the Commission towards the contents of his written submission dated 16.09.2025, copy of which has not been provided to the Respondent. Relevant contents of the same are reproduced below for ready reference:
"1. CHRONOLOGY OF RELEVANT EVENTS:
Event Date
Filing of RTI Application 27.10.2023
Transfer to CPIOs by DGDE 09.11.2023
Reply by CPIO Hemant Jain (Rejection) 01.12.2023
First Appeal Filed 24.12.2023
Expiry of FAA Deadline 07.02.2024
Second Appeal Filed 23.04.2024
FAA Order (Delayed) 01.07.2024 (After 145 days)
II. NATURE OF INFORMATION REQUESTED:
1. The Appellant sought General information regarding General Land Registers (GLRs) maintained from 1836 to 2023 under a 5-point RTI Application. The questions related specifically to:
• The number and maintenance of GLRs;
• Their audit and rewriting/amendment dates;
• The rules and regulations governing GLRs;
• Properties under Old Grant tenure, inhabited by civilians in Amritsar, Jalandhar, and Ferozepur Cantonments.
2. Clarification of Scope:
➤ The request exclusively pertained to civilian-occupied properties within Cantonment Areas, and NOT to military stations or restricted defence installations.
3. The appellant never requested any information regarding troop deployment, technical operations strategic layouts, or any document that could even remotely compromise national security IIL MISREPRESENTATION BY CPIO-CIVILIAN CANTONMENT vs MILITARY STATION 1 Critical Distinction Ignored The CPIO has deliberately merged the civilian cantonment and military station, falsely portraying the requested information as defence-sensitive thereby misleading the adjudicating authority.
2. Legal and Structural Clarification Page 6 of 13 Cantonments are governed by the Cantonments Act, 2006, and include both civilian and military populations. They have elected municipal councils (Cantonment Boards) representing civilian residents.
Military Stations, in contrast, are exclusive fortified installations, created by executive orders, and not open to civilians
3. Civil Authority:
➤ GLRs are maintained parallel by Cantonment Boards, which are civilian administrative bodies. Hence, GLRs cannot be classified if shared with covil entities under public administration
4. Factual Position:
The properties in question are those legally owned or occupied by civilians, as acknowledged by the Defence Estates Office itself in various legal cases where GLRs have been relied upon as evidence IV. LEGAL STATUS OF GLRS: PUBLIC DOCUMENTS:
1 Section 74, Indian Evidence Act, 1872 GLRs are public documents maintained by a public officer during the discharge of official duties.
2. Section 2(f), RTI Act, 2005 Information includes records, memos, documents, and "material in any form held by public authorities including GLRS
3. Contents of GLRs Are Non-Sensitive:
• Survey number • Property classification (e.g. Old Grant, leasehold) • Name of owner/occupier • Historical transfers, if any ➤ This does not include any information related to defence preparedness, national security or installations.
4. Routine Use in Legal Forums:
GLRs have been presented by the DEO itself in court proceedings as valid evidence in property disputes. The same record cannot be simultaneously treated as confidential when requested by a citizen. V. ILLEGALITY OF REJECTION BY CPIO
1. No Exemption Clause Invoked No provision under Section 8(1) or Section of RTI Act cited.
No evidence of classification under the Official Secrets Act, 1923 No notification/gusttavorder from MOD barring access.
2. Doctrine of Severability Ignored Page 7 of 13 Under Section 10, even if part of a document is exempt, the remaining must be disclosed. This statutory duty was completely ignored
3. Violation of Section 6(2) CPIO illegally demanded proof of ownership, contrary to RTI Act, which explicitly bars any requirement to provide reasons or justifications for seeking information VI JUDICIAL & CIC PRECEDENTS:
1. Yashwant Sinha v. CBI (2019) AIR SC 1802-Rafale Case) Held that RTI prevails over Official Secrets Act where public interest is dominant.
Even national secunty cannot be a vague shield to derty administrative records.
2. K.S. Puttaswamy v. Union of India (2017) 10 SCC 13 Exemptions must pass the threefold test of legality, necessity, and proportionality Blanket derials without specificity are unconstitutional
3. CBSE v. Aditya Bandopadhyay (2011) 8 SCC 497):
Public authorities cannot refuse records without legal backing. RTI mandates transparency aven in administrative matters Union of India v. Namit Sharma (2013) 10 SCC 350 CPIOs are not to judge applicant's motive, only to supply information unless explicitly barred.
5 CIC Orders:
• Ashwani Kumar v. DDA (11.07.2025): CIC penalized CPIO ₹10,000 for vague reply • Deepak Khullar v. SDMC (CIC/YA/A/2014/000463) 15.000 penalty imposed for obstructing disclosure • R.K. Jain v. MOD (CIC/LS/A/2010/000112) Defence land encroachment data not exempt."
• SC Agrawal v. DGDE (CIC/SG/A/2011/002574). Ordered disclosure of GLRs under Section 4(1) (d) VII. VIOLATION OF ADMINISTRATIVE NORMS & CONSTITUTIONAL DUTIES;
1. DOPT Circular dated 06.10.2015: Misuse of exemptions (like Section 8) to avoid transparency must result in disciplinary action.
2. Article 19(1)(a): RTI is a facet of freedom of speech.
3. Article 21: Right to information enhances dignity and safeguards life.
especially in civic administration Page 8 of 13
4. Article 30(b) & (c) Protection of material resources of the community, like land.
5. Central Vigilance and CAG In case of wilful obstruction, audit and vigilance authorities must act. Dental of GLRs may point to tampering, encroachment, or mismanagement. VIR SYSTEMIC MALAISE AND ABUSE OF POWER The DEO's approach exemplifies autocracy, steeped in colonial secrecy Citizens are forced into litigation for basic civic information. Officers act as if RTI compliance is optional, defeating the core purpose of the Act Such behaviour raises serious doubts on internal governance and the fate of public records IX. PRAYER FOR RELIEF:
In light of the above, it is most humbly prayed that the Hon'ble Commission may kindly:
1. Direct the FAA/CPIO/Public Authority to forthwith furnish the information sought by the appellant in the RTI application dated 27.10.2023
2. Impose penalty under Section 20 of the RTI Act on the CPIO and FAA for wilful delay and obstruction
3. Recommend departmental action under service conduct rules for dereliction of duty
4. Refer the matter for audit to the Comptroller & Auditor General of India (CAG), Central Vigilance Commission (CVC), or any appropriate statutory authority, in public interest
5. Grant any other order or direction deemed fit in the interest of justice, equity transparency, and constitutional accountability."
9. In a nutshell, Ld. Counsel for the Appellant contended that the information has been wrongly denied by the Respondent. Hence, this Second Appeal before the Commission.
10. Respondent by placing reliance on his averred written submission apprised the Bench that the information as sought by the Applicant is voluminous in nature which is not readily available in compiled form. Further these properties do not belong to the Appellant. Respondent pointed out that the Defence areas involved are closer to Internation Borders. In GLR Records, there are also entries of Defence lands which are under the Important Army Installations. Besides, there are entries of properties for which occupancy rights are given to various private persons while the ownership vests in the Page 9 of 13 Government of India. The information as desired by Appellant is denied by the CPIO vide letter No. DEO-MISC/RTI dated 01 Dec 2023 in which it is clearly stated as under:-
"Records desired by you sensitive in nature being a Defence land records. Hence this information's cannot be provided. Further the information's desired by you is not related to you as you have not submitted any documentary proof which proves that the property belongs to you as lease holder, HoR etc. However particular information may be provided to a person if person related to that property after obtaining approval of competent authority"
11. The Respondent prayed the Commission to allow him to file a revised additional written submission for elaborating more facts of this case which was granted.
12. Post-hearing, the Commission is in receipt of additional written submission dated 22.09.2025 (copy marked to the Appellant) from the Respondent which is taken on record. Contents of the same are reproduced below for reference:
"2. As per the direction of the Hon'ble Information Commissioner on 22.09.2025 during hearing to submit the parawise reply of the RTI Request Registration no. DEOJL/R/T/23/00025, Applicant Adv. Kinderjit Singh Toor are as under:-
(1) The total 10 numbers of General Land Registers (GLR) is being maintained by DEO Jalandhar office cantonment wise pertaining to Jalandhar Cantt, Amritsar Cantt and Ferozepur Cantt DEO Jalandhar Circle since the first entry in DEO Jalandhar office.
(2) (1) The GLRs have been audited half yearly basis by the Local audit office Jalandhar with regard to Old Grant Bungalows in Amritsar Cantt, Jalandhar Cantt.
Ferozepur Cantt (2) there is no information regarding rewritten of GLRs available in office (3) Amendment in GLRs have only been made when the entries have been changed due to change in ownership, area etc. However the compiled details from 1836 to 2023 as desired by applicant is not available in DEO Jalandhar Office. (3) There is no information available in records that when the GLR have been amended in concurrence with the revenue records of the area from the year 1836 to 2023 with regard to Amritsar Cantt, Jalandhar Cantt. Ferozepur Cantt. (4) As per record no GLR has been ever stolen, destroyed, further as per GLR maintained by this office there is no missing pages, the pages which is damaged Page 10 of 13 has been repairing time to time, further digital form of all GLR records is being also maintained by this office (5) The GLR is maintained by DEO Jalandhar as per the Cantonment land administration rules 1925 (Rule 3), further as per Cantonment land administration rules 1937 (Rule 10) and further revised as Cantonment land administration rules 2021 (Rule 10), the copy of relevant sections are attached herewith.."
Decision:
13. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted at the outset that however noble the premise of the Appellant may be in seeking for the averred categories of information through instant RTI application, the fact remains that time period for which the information has been sought spans over 187 (One hundred and Eighty Seven) years. Obviously, it is bound to be voluminous in nature. Collation and compilation of such GLR records requires disproportionate diversion of the resources of the Public Authority as per Section 7(9) of the RTI Act which states as under:
"...(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question."
14. The Commission in this regard places reliance on a judgment of the Hon'ble Supreme Court in the matter of CBSE vs. Aditya Bandopadhyay & Ors. [CIVIL APPEAL NO.6454 of 2011] wherein it was held as under:
"37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption. But in regard to other information, (that is information other than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and emphasis are given to other public interests Page 11 of 13 (like confidentiality of sensitive information, fidelity and fiduciary relationships, efficient operation of governments, etc.). Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information. The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising 'information furnishing', at the cost of their normal and regular duties." Emphasis Supplied
15. Despite this, the Respondent in the spirit of the RTI Act has made every possible effort to provide factual information to the Appellant in response to this RTI application in the first instance and again vide their latest written submissions dated 12.09.2025 and 22.09.2025.
16. However, the plea for denial of information by the Respondent PIO on the ground that the matter is sub-judice before the Hon'ble Court of Law was inappropriate. Sub-judice is not a ground for denial of information in the RTI Act unless there is an express injunction order passed by the Court prohibiting disclosure as clearly defined in Section 8 (1)(b) of the RTI Act. The Respondent is reminded that it is his duty to obtain such an injunction from the Competent Court of Law. However, the Respondent has not obtained any such stay order. Thus, denial was untenable on this ground.
17. The Commission finds no infirmity in the replies and as a sequel to it further clarifications tendered by the respondent during hearing as the same were found to be in consonance with the provisions of the RTI Act. Hence, Intervention of the Commission is not warranted in the matter.
Page 12 of 1318. However, in the spirit of the RTI Act, the Respondent is directed to send a copy of their respective written submissions along with enclosures, free of cost to the Appellant, within two weeks of the date of receipt of this order.
With the above observations, the instant Second Appeal is disposed of.
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, Defence Estates Office, Jalandhar Circle, Jalandhar Cantonment - 144005 Page 13 of 13 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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