Information regarding certain demolition by DDA which the appellant alleged was done irregularly sparing some illegal enchroachers - respondent did not participate in hearing - CIC: no reasons cited for denial u/s 8(1)(h); provide factual information
24 Nov, 2013Information in respect of a certain demolition by DDA which the appellant alleged was done in an adhoc and irregular manner which spared some illegal enchroachers deliberately - Appellant: there was a 16 feet wide road that should have been there, but that road has now been reduced to 10 feet width because of the demolition being partial - the RTI application is seeking to unearth the truth behind the partiality of the DDA - respondent did not participate in the hearing - CIC: the respondent did not give any details about the reasons behind citing of section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; – factual information to be provided
O R D E R
RTI application
1. The appellant filed an RTI application with the PIO on 28.8.2012 seeking information about an area of Khasra Nos. 460/70 and 461/70 and demolition carried out on 18.1.2002. Besides, he also sought information about length and width of the road in front of Khasra No.52. In all, information has been sought on 5 points.
2. On not receiving any reply from the PIO, the appellant filed an appeal on 4.9.2012 with the first appellate authority (FAA). Now the CPIO denied the information on 5.10.2012 under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act 2005. The appellant approached the Commission on 7.11.2012 in second appeal.
Hearing
3. The respondent did not participate in the hearing.
4. The appellant was represented by his brother, who stated that he had sought information in respect of a certain plot of the DDA which has been identified in the RTI application. The appellant stated that the four points that he has made in the RTI application, are in the background of the fact that a certain demolition carried out by the DDA was done in an adhoc and irregular manner which spared some illegal enchroachers deliberately.
5. The appellant stated that the demolition was done in a manner that was partial and discriminating. The appellant stated that there was a 16 feet wide road that should have been there, but that road has now been reduced to 10 feet width only because of the demolition being partial. The appellant stated that the RTI application is seeking to unearth the truth behind the partiality of the DDA.
6. From the material available on record, it appears that the respondent has cited section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act to deny the information. The response of the respondent is cryptic and did not give any details about the reasons behind citing of section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; . The respondent also did not participate in the hearing. It will be appropriate for the respondent to provide the factual information on the points raised in the RTI application.
Decision
7. The respondent is directed to provide the factual information on the points raised in the RTI application within 30 days of this order. The appeal is disposed of. Copy of the decision be given free of cost to both the parties.
(Vijai Sharma)
Information Commission
Citation: Shri Dinesh Goswami v. Delhi Development Authority in Appeal No. CIC/VS/A/2012/001783