In the Central Information Commission at New Delhi

Transcription

1 In the Central Information Commission at New Delhi File No: CICAD/A/2011/ Date of Hearing : July 13, 2011 Date of Decision : July 13, 2011 Heard through Video Conferencing Parties: Applicant Shri Janardhan Bhaiya S/o Gopal Bhaiya R/o Adarsh Nagar, P.O Sagarpali, Balia. Applicant attended the hearing after the Respondents left. They were late because of the late running of their train. Respondent(s) Represented by : Shri Satyanarayanan PIO Varanasi Shri V K Gupta, DGM/CPIO Shri U C Mishra, CAPIO Information Commissioner : Mrs. Annapurna Dixit

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3 In the Central Information Commission at New Delhi File No: CIC/AD/A/2011/ Background ORDER 1. The RTI Application dated was filed by the Applicant with the PIO,,. He sought information against four points related to the land acquired by the Railways in the District Balliya including that acquired by the Balliya Nagar Palika. He further requested for the terms and conditions based on which the land was acquired by the railways. The PIO replied on enclosing the reply furnished by the Sr.Divnl. Engineer, Varanasi informing the Applicant that the land was acquired by the company V & WR. Since the documents being sought are very old and the same are not traceable information therefore cannot be provided. The Applicant thereafter filed his first appeal on seeking the information once again. The Appellate Authority in his reply dated informed the Applicant once again that since the records are not available the information cannot be provided. Being aggrieved with this reply the Applicant filed a second appeal before the Commission. Decision 2. The Respondent submitted during the hearing that after an extensive search some information could be located and that they are now ready to provide the area of land acquired by the Railways in Balliya District. He however, clarified that the information about the details of land such as length, breadth etc. are not available and what can be provided is piece meal information with regard to only area of land in terms of acre as per an old map of 1896 which is at present awaiting certification by the Revenue authorities in Varanasi. With regard to point 2 regarding details of owners of land etc, the Respondent stated that no information can be provided since the records being very old (more than 100 years ) are not traceable in the office of the Public Authority. 3. The Appellant who arrived late for the hearing was informed about the discussions which took place.

4 4. The Commission, based on the submission of the Respondents, directs the PIO to provide the information as available with them at this point of time along with a copy of the map of 1986, by 16 August, 2011, to the Appellant. Since no other information is available in the records, no further disclosure can be authorized. 5. The Appeal is accordingly disposed of and closed at Commission s end. Authenticated true copy (Annapurna Dixit) Information Commissioner (G.Subramanian) Deputy Registrar Cc 1. Shri Janardhan Bhaiya S/o Gopal Bhaiya R/o Adarsh Nagar, P.O Sagarpali, Balia. 2. The Public Information Officer The Appellate Authority

5 4. Officer Incharge, NIC. In case, the Commission s above directives have not been complied with by the Respondents, the Appellant/Complainant may file a formal complaint with the Commission under Section 18(1) of the RTI Act, giving (1) copy of RTI application, (2) copy of PIO s reply, (3) copy of the decision of the first Appellant Authority, (4) copy of the Commission s decision, and (5) any other documents which he/she considers to be necessary for deciding the complaint. In the prayer, the Appellant/Complainant may indicate, what information has not been provided.