CENTRAL INFORMATION COMMISSION August Kranti Bhawan, Bhikaji Cama Place, New -110066

F. No. CIC/LADOF/A/2017/310005

Date of Hearing : 18.08.2017 Date of Decision : 18.08.2017

Appellant/Complainant : Mr. Rajesh Saini

Respondent : SPIO (SDM) O/o the Dy. Commissioner, South East District, GNCTD Through:- Sh. Gopal Rastogi – L&DO, Girish Pandey-U D deptt, Inder Singh-Tehsildar/APIO

Information Commissioner : Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on : 04.05.2016 PIO replied on : 22.06.2016 First Appeal filed on : 22.07.2016 First Appellate Order on : 20.09.2016 2nd Appeal/complaint received on : 03.10.2016

Information sought and background of the case:

Vide RTI application dated 04.05.2016 the appellant sought following information:-

1. Whether any piece of land falling under khasra no. 615 & 614 Aliganj near Sarai Kale Khan, -13, have been allotted to any persons or to society/trust etc. by an order of chief commissioner L & DO ever? If yes then why and for what purpose? 2. If the answer of above question is yes then provide the certified photocopy of abovesaid order? 3. If the answer of question no. 1 is yes then kindly tell the total area of khasra no. 615 & 614 Aliganj near Sarai Kale Khan, New Delhi-13, and out of which to what extent the area have been allotted by the order of chief commissioner? 4. Whether the total area of khasra no. 615 of Aliganj was 3 Bigha 02 Biswa and whether the total area mentioned have ever been divided into two parts? If yes then which part of khasra no. 615 have been allotted by an order of the chief commissioner L & DO. The Engineer Office/CPIO, Land & Development Office, replied vide letter dated 20.07.2016 requested to the appellant to submit Location Map of the area showing Khasra no. 615 & 614, Aliganj, Near Sarai Kale Khan, New Delhi-110013, so that exact location of the land may be known. Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA vide letter dated 20.09.2016 reiterated the CPIO’s reply and informed that his office does not have land records based on Khasra Nos. therefore appellant’s RTI application has already been transferred to CPIO, Revenue Department, GNCTD for appropriate action at their end. Feeling aggrieved, the appellant approached the Commission.

Relevant facts emerging during hearing: Both parties are present and appellant reiterates his queries. The Respondent is represented by officials from DDA, L&DO and the office of the SDM. They submit as follows: DDA: Reiterates that they transferred the application to L&DO. It is also informed by the DDA that the land, in question was privately owned at some point of time and had been acquired for construction of a government school, while the private owner had been allocated separate land in lieu thereof. No further information regarding the queries raised by the appellant are available in their records. L&DO: Official from L&DO passed the onus of holding relevant with respect to the land in question upon DDA in a desperate bid of absolve himself from any query. SDM: Official representing the SDM was equally evasive in response and stated that their office hold absolutely no records pertaining to this parcel of land.

Decision:

After hearing parties and perusal of record, the Commission is disturbed to see complete lack of knowledge on the part of officers representing three different public authorities about a piece of land located in such a prime area. The contention of the officials cannot be accepted about ownership of the land or about current position with respect to the said land falling within their jurisdiction. In this case, none of the authorities are even clear as to whose jurisdiction this piece of land falls within.

Respondent from DDA has replied that a school was constructed after acquiring a piece of land from a private owner, and who was compensated with award of land next to the school. Relevant orders in this regard shall be provided to the appellant by the Respondent from DDA. At this the appellant alleged that the land adjacent to the school is encroached upon by the land mafia. The Commission is of considered view that in order to ensure that no public land is encroached by illegal occupants in an unauthorised manner, the public officials need to exercise more proactive measures. In the instant case at hand, the Commission, therefore, directs the Respondent public officials from DDA to inspect the land, verify whether there is any public encroachment and take appropriate action in the event that any illegal or misuse of the land is found. The Respondent shall submit an Action Taken Report within 2 weeks of receipt of this order, failing which the Commission will be constrained to initiate appropriate penal proceedings.

(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.

(R.P. Grover) Designated Officer

Copy to:-

RAJESH SAINI Sub-Divisional Magistrate- House No. : 96/97, Behind , Govt. School, Sarai Kale Shri Ishwar Khan, New Delhi-110013. Singh-SPIO(SDM), O/o. the Deputy Commissioner (Government of NCT of Delhi), South-East District, Defence Colony, Old Gargi College, -IV, New Delhi-110024. Deputy Director-(Lands) & PIO, Engineer Officer & CPIO, Shri Atal Singh-Dy. Dir.-(Lands), Shri Pramodh Singh - Engineer Delhi Development Authority, Officer, Ministry of Urban Nazul Land Branch, A-Block, Development, Land & Vikas Sadan, INA, New Delhi- Development Office, Nirman 110023. Bhawan, New Delhi-110001. Superintendent - RTI / HQ., Deputy Secretary/Nodal Officer- Shri Balram - APIO, O/o. the RTI, Divisional Commissioner, Shri Girish Pandey - Dy. Secy. Revenue Department, Department of Urban (Government of NCT of Delhi), 5, Development, (Govt of NCT of Sham Nath, Marg, Delhi-110054. Delhi), 9th Level, C-Wing, Delhi Secretariat, I. P. Estate, New Delhi-110002. First Appellate Authority under RTI Shri Anand Mohan - FAA, Ministry of Urban Development, Land & Development Office, Nirman Bhawan, New Delhi- 110001.