के (cid:3)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:18), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/MCDND/A/2024/101271 Kuljit Singh Kochar .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, New Delhi Municipal Council, Palika Kendra, New Delhi – 110001 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 28.04.2025 Date of Decision : 30.04.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 10.10.2023 PIO replied on : Not on record First appeal filed on : 24.11.2023 First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 05.01.2024 Information sought:

1. The Appellant filed an RTI application dated 10.10.2023 (offline) seeking the following information:

“Request for Information under the Right to Information Act regarding property situated in jurisdiction of New Delhi Municipal Council (NDMC) bearing no. G-24, G-24 A Marina Arcade Connaught Circus Connaught Place, New Delhi Under the Right to Information Act 2005, Section 6, I need some information. The details of the information are as below. Kindly provide the following information and under section 2(f) and 2(j) of the RTI Act, provide certified copies of the relevant documents and records pertaining to the above-mentioned subject:

1. Name of registered owner as per NDMC records of property bearing no. G-24, G-24 A Marina Arcade, Connaught Circus, Connaught Place, New Delhi-110001.

2. Nature of this property as per NDMC records.

3. Purpose for which this property is being used by the owner/occupant as per NDMC records.

4. Area and dimensions of this property as per NDMC records.

5. Details of property tax paid for this property for the time period of 2015 to 2023 in terms of amount paid of per year, name of person paying the corresponding property tax as per NDMC records.

6. Certified copy of the sanctioned building plan of this property as per NDMC records.

7. Details of any show cause notice issued to the owner/occupant of this property for any violations in the building plans of this property for the time period of 2005 till 2023.”

2. Not having received any response from the PIO, the appellant filed a First Appeal dated 24.11.2023. The FAA order is not on record.

3. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Not present.

Respondent: Not present.

4. Both the parties were absent during hearing despite prior intimation.

Decision:

5. The Commission after adverting to the facts and circumstances of the case, observes that no reply qua the instant RTI Application has been given to the Appellant as per available records either by the then PIO or by the present PIO of the Respondent Public Authority. Further, the Respondent did not participate in the hearing despite service of hearing notice in advance.

Accordingly, the Commission expresses severe displeasure on the conduct of the concerned PIO for neither providing any replies qua the instant RTI Application nor participating in the hearing. The act of the concerned PIO, tramples upon the citizen’s right under the RTI Act as well as shows lack of respect towards the Commission. In view of the above, inaction on his/her part is prima facie established and therefore, the Commission deems it expedient to Show Cause the concerned PIOs (the then PIO and the present PIO). The PIOs shall explain in writing as to why action should not be initiated against them under Section 20(1) and 20(2) of the RTI Act for the foregoing reasons. Written explanation of the PIOs should reach the Commission within four weeks from the date of receipt of this order.

6. In the meantime, the Commission directs the present PIO to examine the instant RTI Application and provide point-wise information to the Appellant, strictly in consonance with the provisions of the RTI Act, after accessing the same fr