Central Information Commission
Mahipal Singh Rajput vs Indian Army on 27 February, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/IARMY/A/2018/150299
Mahipal Singh Rajput ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Delhi Cantonment Board,
Delhi Cantt - 110010. ... ितवादीगण /Respondent
RTI application filed on : 06/04/2018
CPIO replied on : 07/05/2018
First appeal filed on : 06/06/2018
First Appellate Authority order : No order
Second Appeal dated : 13/08/2018
Date of Hearing : 27/02/2020
Date of Decision : 27/02/2020
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
Information sought:
The Appellant sought copy of entire file proceedings with copy of videography in respect of unauthorized construction with detailed report of building/engineering department conducted on 29.11.2016 in respect of property no. 49/53, Singhal Buidling, Sadar Bazar, Delhi Cantt carried out by Builder Dev Raj Ahuja and his wife Smt. Kailash Ahuja.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:1
The following were present:-
Appellant: Not present.
Respondent: Amit Kumar Mishra, Hindi Officer & CPIO, Cantonment Board, Delhi present in person.
CPIO submitted that the Appellant was provided with a CD containing relevant and available photographs taken by the Engineering Department.
Commission remarked that the Appellant in his grounds of Appeal has stated that no documents or complete report of the Engineering Department in respect of the unauthorized construction has been provided.
CPIO submitted that the concerned record holder i.e Assistant Engineer (Civil), Rakesh Rana has informed him that no records of proceedings in respect of demolition of property no. 49/53, Singhal Buidling, Sadar Bazar, Delhi Cantt carried out by Builder Dev Raj Ahuja and his wife Smt. Kailash Ahuja is available in file.
Decision Commission is of the considered opinion that it is unlikely that demolition of an unauthorized construction will be carried out without any records or file in place.
In view of the submission of the CPIO during hearing, Commission arrays Rakesh Rana, Assistant Engineer (Civil) as the deemed CPIO in the instant case. Accordingly, Rakesh Rana, Assistant Engineer (Civil) is directed through the CPIO to provide relevant and available copy of proceedings/report/file noting(s) regarding demolition of property no. 49/53, Singhal Buidling, Sadar Bazar, Delhi Cantt carried out by Builder Dev Raj Ahuja and his wife Smt. Kailash Ahuja to the Appellant free of cost within 15 days of receipt of this order.
In the event, no such information is available in the records, Rakesh Rana, Assistant Engineer (Civil) is directed to file an appropriate affidavit stating that no records pertaining to the demolition of the above mentioned property is available. The said Affidavit should be sent to the Commission with its copy duly endorsed to the Appellant within 15 days from the date of receipt of this order.2
File No : CIC/IARMY/A/2018/150299 A copy of this order is also marked to Pushpendra Singh, CEO/FAA to ensure that the aforesaid directions of the Commission are complied with.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
दनांक / Date
Copy to:
First Appellate Authority & CEO
Delhi Cantonment Board,
Delhi Cantt - 110010
--(To ensure compliance of directions as above)--Signature Not Verified Digitally signed by User Date: 2020.02.28 11:10:15 IST 3