Central Information Commission
Mrved Prakash Suri vs Mcd, Gnct Delhi on 12 June, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No. CIC/YA/A/2014/002443
Date of Hearing : 12.06.2015
Date of Interim Decision : 12.06.2015
Complainant/Appellant : Shri Ved Prakash Suri
New Delhi
Respondent : Shri Ravi Raman Jha, PIO/AO/L&E
Shri D.K. Sehgal, HC/L&E
South Delhi Municipal Corporation
Delhi
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from complaint/appeal:
RTI application filed on : 30.08.2013
PIO replied on : 06.03.2014
First Appeal filed on : 03.01.2014
First Appellate Authority (FAA) order on : 10.02.2014
Complaint/ Second Appeal received on : 04.09.2014
Information sought:
The appellant sought information on 6 points regarding cancellation of mutation of shop no. 32, Central Market, Lajpat Nagar, New Delhi.
Relevant facts emerging during hearing:
Both parties are present and heard. The appellant filed an RTI application on 30.08.2013 seeking the above information. Having not received any response from the PIO within the prescribed time, the appellant filed first appeal before the FAA. The FAA vide order dated 10.02.2014 directed PIO to provide reply to the queries of the appellant.PIO in compliance of FAA's order, provided point wise reply to the appellant on 06.03.2014. Being not satisfied with the response of the PIO, appellant filed the present appeal before the Commission.
The appellant stated that mutation of above mentioned shop was done in February 2008 in favour of his three brothers while the other four brothers were left out. He stated that relinquishment deed was not asked for carrying out mutation which is compulsory as per law. Respondent submitted that the mutation was done as per the mediation award. On a query by the Commission as to when the matter had gone to mediation, the respondent stated that the same was done under direction of the Tis Hazari Court and award was passed in August 2007. The appellant stated that all the affidavits filed by the parties in the court are forged and mutation was done illegally in the favour of only his three brothers.
Interim Decision Notice:
After hearing both the parties and on perusal of record, the Commission directs the respondent to submit their written submission demonstrating the details regarding the mutation of the said property clearly mentioning the paras wherein the mediation award allowed them to carry out mutation without taking relinquishment deed from the concerned parties i.e. appellant within two weeks of receipt of this order. A copy of the same should also be provided to the appellant. The Commission directs the registry to put the matter before the Commission after receiving the submission from the respondent for final order.
The decision is reserved.
(Yashovardhan Azad) Information Commissioner 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.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Public Information Officer under RTI First Appellate Authority under RTI Assistant Commissioner - L & E / HQ., Deputy Commissioner-(L & E), South Delhi Municipal Corporation, South Delhi Municipal Corporation, Land & Estate Department, Headquarters, Land & Estate Department, Headquarters, 7th Floor, Dr. S. P. M. Civic Centre, 22nd Floor, Dr. S. P. M. Civic Centre, Minto Road, New Delhi-110002. Minto Road, New Delhi-110002.
Public Information Officer under RTI Shri Ved Prakash Suri Administrative Officer-(L & E), E-43, 2nd Floor, South Delhi Municipal Corporation, Lajpat Nagar-2,
Land & Estate Department, Headquarters, New Delhi-110024. 7th Floor, Dr. S. P. M. Civic Centre, Minto Road, New Delhi-110002.