Central Information CommissionGurnam Singh vs Office Of The Additional Distt. ... on 19 March, 2020के न्द्रीयसूचनाआयोग\n                          Central Information Commission\n                                   बाबागंगनाथमागग, मुननरका\n                          Baba Gangnath Marg, Munirka\n                            नईददल्ली, New Delhi - 110067\n\n नितीय अपील संख्या / Second Appeal No.     CIC/ADDDM/A/2018/136201\n                                           CIC/ADDDM/A/2018/136203\n\n\nShri Gurnam Singh                                                     ... अपीलकताग/Appellant\n                                     VERSUS/बनाम\n\nPIO, Sub-Divisional Magistrate-IV-HQ,                          ...प्रनतवादीगण /Respondent\nCivil Lines, Delhi - 110054\n\nThrough: Shri Anil Kumar Aggarwal, Section\n         Officer and Ms. Monika, Asst. Section\n         Officer\n\n Date of Hearing                            :     18.03.2020\n Date of Decision                           :     19.03.2020\n Information Commissioner                   :     Shri Y. K. Sinha\n\nSince both the parties are same, the above mentioned cases are clubbed\ntogether for hearing and disposal.\n\n Relevant facts emerging from appeal:\n\n    Case      RTI Filed       CPIO               First         FAO's        Second\n    Nos.        on           reply's            Appeals                     Appeals\n                                                                             dated\n  136201     27.02.2018       N.A.          06.04.2018         N.A.        07.06.2018\n  136203     26.02.2018       N.A.              Nil            N.A.        07.06.2018\n\n                           CIC/ADDDM/A/2018/136201\n\n Information soughtand background of the case:The Appellant filed RTI application dated 27.02.2018 seeking following\n information         with      specific      reference     to     weblink\n http://delhi.gov.in/wps/wcm/connect/doit_revenue/Revenue/Home/1984+Riots\n +Cases/(last updated on 10.08.2016).Page 1 of 4A) SETTLED CASES of Injury Claims PAGE 63, Residential Property Claims\n     PAGE 197, Uninsured Commercial Property Claims PAGE 65,\n     Rehabilitation Claims PAGE 1 and provide me the below information about\n     above mentioned page no's:-1. Please provide me the copy of order passed along with copy of\n           notifications/ circulars/orders/guidelines of M.H.A and GNCTD vide\n           which these claims were sanctioned.2. Upon which basis the calculation of amount was made by CSO.Did he assess the goods loss while deciding claims of residential\n           properties.3. In settled cases of Punjab red card holders, their red cards were\n           bearing address of Punjab or Delhi at the time of sanctioning their\n           claim by GNCTD.4. In death cases of head card holder, to whom the grants were\n           sanctioned.B) Information required out of PENDING CASES Rehabilitation Claims\n     PAGE 11. Please provide me the copy of M.H.A and GNCTD notifications/\n           circulars/orders/guidelines, vide which these claims were kept\n           pending.2. Please provide me the list of cases sanctioned out of pending\n           cases as on date.3. Please provide me the copy of GNCTD letter vide which the case\n           was referred to the Punjab Govt. and the copy of reply received from\n           Punjab by GNCTD.C) Cases of FLATS/SHOPS SANCTIONED Please provide me the copy of\n     M.H.A/GNCTD notification vide which the flats and shops were sanctioned\n     to some victims.(Queries are verbatim)\n\nHaving not received any reply from the PIO, the Appellant filed First Appeal\ndated 06.04.2018 which was not adjudicated by the First Appellate Authority.\nTherefore, the Appellant approached the Commission in the instant Second\nAppeal.Facts emerging in Course of Hearing:Communication dated 28.02.2020 has been received from Nodal\nOfficer(RTI)/SDM-V(HQ) instructing the PIO/SDM-II(HQ) to attend and\nrepresent the instant hearing.Page 2 of 4Appellant attended hearing through audio conference while Respondent is\n present in person during hearing. Appellant stated that after receiving the\n hearing notice from the Commission, he has received information from the\n Respondent on 17.03.2020 for which he expressed his satisfaction and did not\n press the instant Appeal further. Upon being asked by the Commission,\n Appellant stated that he did not receive any information from the Respondent\n within the stipulated timeframe as specified in theRTI Act.Respondent submitted a copy of reply dated 17.03.2020 to the Commission for\n perusal.Decision:After hearing parties and perusal of record, the Commission concludes that the\n information sought has been furnished by the Respondent. Commission\n further notes that the Respondent Authority has taken almost two years to\n provide reply to the instant RTI Application, which is a blatant violation of the\n mandated timeframe as specified in theRTI Act. The then PIO is directed to\n submit an explanation for not replying within the stipulated 30 days timeframe\n from the date of receipt of the instant RTI application. The present PIO & FAA\n should serve the notice on the then PIO. Explanation must reach the\n Commission by 30.04.2019. Further proceedings, if found desirable, shall be\n notified in due course.CIC/ADDDM/A/2018/136203\n\nInformation sought and background of the case:\nThe Appellant filed RTI application dated 26.02.2018 seeking information\nthrough 4 points:1. Please forward me the copy of application which was submitted to the\n       office of D.C by Joga Singh on 9.4.91 for house allotment.2. Please provide me the copy of reply filed by Joga Singh in response to said\n       letter.3. What was the fate of this letter.4. Please provide me the copy of M.H.A/GNCTD notification vide which the\n       flats and shops were supposed to be sanctioned to the victims as\n       mentioned in this letter.(Queries are verbatim)\n\n Having not received any reply from the PIO, the Appellant filed First Appeal\n dated Nil which was not adjudicated by the First Appellate Authority.\n Therefore, the Appellant approached the Commission in the instant Second\n Appeal.Page 3 of 4Facts emerging in Course of Hearing:Appellant attended hearing through audio conference while Respondent is\n present in person during hearing. Appellant stated that he did not receive any\n information from the Respondent within the stipulated timeframe as specified\n in theRTI Act.Respondent submitted a copy of a reply dated 31.07.2018 provided to the\n Appellant for perusal of the Commission, wherein it was stated on point nos. 1,\n 2 and 3 of the RTI application "Sought information is not available in this\n branch. Moreover, the information which in normal course is exempt from\n disclosure under sub section (1) ofsection 8of the RTI Act, would cease to be\n exempted if 20 years have lapsed after occurrence of the incident to which the\n information relates". Upon being asked by the Commission, Respondent further\n submitted that the information sought in the instant RTI application is not\n available in their branch.Decision:Upon perusal of the facts on record as well as on the basis of the proceedings\n during hearing, Commission observes that the information sought has been\n denied by the Respondent underSection 8(3)of the RTI Act and in support of\n the same, he has also relied upon the DoPT's OM no. 1/4/2009-IR dated\n 05.10.2009 and OM no. 1/32/2013-IR dated 28.11.2013 pertaining to Guide\n on the Right to Information Act, 2005.In view of the above, Commission finds that information as available on records\n has already been furnished to the Appellant. No further adjudication is\n required in the matter.The appeals are disposed off.Y. K. Sinha (वाई. के . नसन्द्हा)\n                                          Information Commissioner (सूचना आयुक्त)\n\nAuthenticated true copy\n(अभिप्रमाणितसत्यापितप्रतत)\n\nRam Parkash Grover (राम प्रकाश ग्रोवर)\nDy. Registrar (उप-पंजीयक)\n011-26180514Page 4 of 4