Public authorities are not obligated to provide information not held within their jurisdiction, reaffirming the role of CPIOs under the RTI Act.

Baba Gangnath Marg, Munirka नई िद(cid:24)ी, New Delhi – 110067 File No: CIC/MORLD/A/2024/106401 Santosh Kumar Sarkar .….अपीलकता(cid:18)/Appellant VERSUS बनाम PIO, Ministry of Rural Development, Department of Rural Development, Krishi Bhawan, New Delhi – 110001 ….(cid:29)ितवादीगण /Respondent Date of Hearing : 10.07.2025 Date of Decision : 17.07.2025 INFORMATION COMMISSIONER : Vinod Kumar Tiwari Relevant facts emerging from appeal:

RTI application filed on : 07.12.2023 CPIO replied on : 22.12.2023 First appeal filed on : 09.01.2024 First Appellate Authority’s order : 15.01.2024 2nd Appeal/Complaint dated : 20.02.2024 Information sought:

1. The Appellant filed an RTI application dated 07.12.2023 (online) seeking the following information:

“Sir I Santosh Kumar Sarkar, Son of Late Shri Kamini Mohan Sarkar am a senior citizen and one of the coparcener and Class I legal heirs of the properties left behind by my late father at native place Village and PO Birnagar Khan Para Ward No 10 District Nadia West Bengal 741127 In the capacity of one of the legal heir of my Late father I request you to provide me the information and certified copy of documents in accordance with the RTI Act 2005 as under:

1. An application along with a complete set of certified copy of documents submitted by Smt Rita Sarkar Wife of Shri Subhash, Sarkar and Son Late Kamini Mohan Sarkar resident of Village and Post Office Birnagar Khan Para Ward No 10 under Birnagar Municipality District Nadia West Bengal 741127 for grant of a pucca house under PMAYG and HFA Scheme and copy of the sanction order finally issued in the name of the aforesaid beneficiary for construction of a pucca house at the above said address.

2. I am ready to pay additional fee for the above-said purpose which may be calculated at your end and informed me in mobile whats app number E mail ID along with payment link for making payment action.”

2. The CPIO furnished a reply to the Appellant on 22.12.2023 stating as under:

“Pradhan Mantri Awas Yojana-Gramin (PMAY-G) does not require any application from households as the beneficiaries are identified from the list of PWLs of PMAY-G based on SECC 2011 and Awaas Plus. If you may seek information about the scheme by pinpointing the information required.”

3. Being dissatisfied, the appellant filed a First Appeal dated 09.01.2024.

The FAA vide its order dated 15.01.2024 held as under:

“On perusal of the RTI Application, the reply furnished by CPIO, the contents of the appeal and relevant record on file, the First Appellate Authority observed that the reply furnished online at RTI portal by the CPIO (Rural Housing) is in order. The information sought by the appellant relating to documents submitted by a PMAY-G beneficiary may be available with the State Government, which is the ground level implementing agency of PMAY-G and not maintained by the Ministry of Rural Development”

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

Relevant Facts emerged during Hearing:

The following were present:- Appellant: Present in person.

Respondent: Ms. Amrita Walia, Under Secretary & CPIO present in person.

5. The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that information has not been provided to him by the Respondent till date.

6. Written submissions of the Respondent are taken on record and the relevant extracts of the same is reproduced hereinbelow:

“02. It may be noted from the above that the core issue involved in the appeal is that the applicant is contesting to obtain the documents furnished by Smt Rita Sarkar, W/o Shr