Central Information Commission
Mr.Jogender Singh vs Government Of Nct Of Delhi on 13 December, 2010
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2010/002961/10412
Appeal No. CIC/SG/A/2010/002961
Relevant Facts emerging from the Appeal:
Appellant : Mr. Jogendra Singh
128, Bakauli, Alipur,
Delhi - 110036.
Respondent (1): Dr. B. M. Mishra
Public Information Officer & Sub-Divisional Magistrate (Narela) Govt. of NCT of Delhi Narela at Alipur, North West District, Delhi - 110036.
(2): Public Information Officer & Superintending Engineer Municipal Corporation of Delhi Narela Zone, Zonal Building, Narela, New Delhi.
RTI application filed on : 28/06/2010
PIO replied : 23/07/2010
First appeal filed on : 02/08/2010
First Appellate Authority order : 26/08/2010
Second Appeal received on : 19/10/2010
S. No. Information Sought Reply of the PIO
1. Number and name of Godowns being operated from the Lal In Lal Dora Area, action is taken
Dora area of Bakoli village. by the MCD.
2. Number and name of factories being operated from the Lal As above.
Dora area of Bakoli village.
3. Number and name of Godowns and factories being operated As above.
from the external Lal Dora area of Bakoli village.
4. Number and name of Godowns, factories being operated at the Information could be given only agricultural land of Lal Dora area of Bakoli village. after survey.
5. Date on which the department will seal the unauthorized As above.
factories and godowns.
6. Copy of the action which will be taken against the said As above.
factories and godowns.
7. Name and designation of officer who will act against the As above.
factories and godowns.
Note: The PIO & SE/MCD vide his letter dated 01/09/2010 also replied to the Appellant.
First Appeal:
Incomplete information received from the PIO. Order of the FAA:
The PIO was directed to go through the RTI Application once again and provide the information to the Appellant within 15 days.
Ground of the Second Appeal:
Incomplete information received from the PIO after the FAA's order.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Jogendra Singh;
Respondent (1) : Mr. Ashok Sharma, NT on behalf of Dr. B. M. Mishra, PIO & SDM(Narela); Respondent (2) : Absent;
The Respondent states that there are some factories and godowns on agriculture land and these matters are before RA Court. The Commission directs the PIO to give a list of godowns and factories on agriculture land which are before the RA Court.
The Appellant states that PIO/SE (Narela Zone) has replied that about godowns and factories in Lal Dora Area no survey has been done. The PIO has not stated categorically whether any illegal godowns and factories exist in Lal Dora Area as per the records.
Decision:
The Appeal is allowed.
The Commission directs Mr. Ashok Sharma to give the list of godowns and factories on agriculture land which are before the RA Court to the Appellant before 25 December 2010.
The Commission also directs PIO/SE(Narela Zone) to information whether any illegal godowns and factories exist in Lal Dora Area as per records to the Appellant before 30 December 2010.
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 13 December 2010 (In any correspondence on this decision, mention the complete decision number.) (GJ)