Central Information Commission
Mr.Anil Dutt Tayagi vs Government Of Nct Of Delhi on 3 September, 2010
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Decision No. CIC/SG/A/2010/001986/9205
Appeal No. CIC/SG/A/2010/001986
Relevant Facts emerging from the Appeal
Appellant : Mr. Anil Dutt Tyagi
298/12, Chandan Vihar,
West Sant Nagar, Burari,
Delhi - 84 .
Respondent : Mr. S. K. S. Yadav
Public Information Officer & Additional Secretary Government of NCT of Delhi Department of Urban Development Office of Joint Secretary 10th Level, C-Wing, Delhi Secretariat, IP Estate, New Delhi - 110002.
RTI application filed on : 31/07/2009 PIO replied : 30/09/2009 First appeal filed on : 03/09/2009 First Appellate Authority order : 24/09/2009 Second Appeal received on : 23/12/2009 Date of Notice of Hearing : 29/07/2010 Hearing Held on : 03/09/2010 S. No Information Sought Reply of the Public Information Officer (PIO)
1. Please provide the file Nos. in which The representation given by the Reside cc Welfare Association each of my representation was dealt Chandan Vihar were dealt in file No. 113/UCC/UD/1432 which with, and inform the date as to when were dealt on 27/10/2008 but no decision was taken, due to each of the representation reached to Imposition of model code & conduct for the Assembly elections which official/authority and how much from Oct- Dec. 2008 and further Parliamentary election during time he took for taking decision. the period Feb 09 to April, 2009 Since there were more than one Association who have applied for the same colony on same Regd. No 113 In such cases, as per section 4 1 of the Regulation for Regularization. of the Unauthorized Colonies, as notified by the Govt of India, Ministry of UD, on 24.03 2008, where there are more than one Assn in a colony, all such Associations have to federate into one The local body shall only recognize and interact with such Resident Societies which have at least 75% of residents of that colony as its members. Since, in the case of the applicant, two associations have applied at one Regd. 113 for Chandan Vihar. as such Provisional Regularization Certificate could not be issued so far. There are more than 150 such cases In order to sort out such problems, this Deptt has sent a letter to the GOI to seeking advice/clarification in this regard. The matter is under examination.
Page 1 of 22. Provide certified copies of the notings The certified copy of the noting is enclosed. No decision was of concerned files and certified copies taken in this regard of the decision taken on my representations and date of such decisions, along with the names and designation of the decision taking authority.
3. What are the rules/instructions/orders of No specific time period in this regard has been prescribed GNGTD, as regards to the disposal of However, such representations are to be disposed off with in a representation of public? What is time reasonable time period. Efforts are being made to dispose off the schedule to reply public representation? representations Grounds for the First Appeal:
Unsatisfactory information provided by the PIO Order of the First Appellate Authority (FAA):
PIO is directed to provide the complete information to the Appellant within a week's time.
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Ajay Yadav, Dy. Secretary & Deemed PIO; Mr. S. K. S. Yadav, Public Information Officer & Additional Secretary; Ms. Shobha, Hindi Translator;
The PIO states that it was difficult to trace the representation since no other reference has been given. However, the complete information alongwith the copies of the complete file notings were provided to the appellant after the order of the FAA on 30/09/2009. It appears that the PIO's contention is correct.
Decision:
The Appeal is disposed.
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 03 September 2010 (In any correspondence on this decision, mention the complete decision number.)(YM) Page 2 of 2