के (cid:574)ीय सूचना आयोग Central Information Commission बाबा गंगनाथ माग(cid:330), मुिनरका

Baba Gangnath Marg, Munirka नई िद(cid:671)ी, New Delhi – 110067 File No:

CIC/DIGDE/C/2024/634010 CIC/DIGDE/C/2024/634100 Sham Sunder ……..िशकायतकता१/Complainant VERSUS बनाम ….(cid:366)ितवादीगण /Respondent The CPIO O/o Defence Estates Officer, Jalandhar Circle, Jalandhar Cantt, Punjab-144005 Date of Hearing : 10.03.2026 Date of Decision : 12.03.2026 INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL The above-mentioned complaints are clubbed together as the Complainant & respondents are common and subject-matter is similar in nature and hence are being disposed of through a common order.

Relevant facts emerging from complaints:

1. Complaint- CIC/MODEF/C/2024/634010 Information sought:

The complainant filed an RTI application dated 19.05.2022 seeking the following information :

Copy of your letter dated 22/07/2021 attached, please provide following information relating to the issues relating to Bungalow no 151 mentioned in letter.

“1) In attached letter it was mentioned that DDE have issued directions for submissions of fresh proposal and also for taking action under PPE act for removal of encroachment/unauthorized occupants which is under process. Provide complete record of submission of fresh proposal as mentioned in the attached letter. Also provide complete record including file noting of action taken under PPE act for removal of encroachment/unauthorized occupants whom you have claimed are under process.

2) Provide complete record including file noting in respect of final action taken against the officials who has facilitated the construction of commercial building without getting the map approved and lease is for residential purpose resulting in undue benefit of croers of rupees to lessee.

3) Copy of complete record including file noting of Final action taken against lessee for executing lease deed with bank by showing himself as owner of the property.

4) Copy of complete record including file noting in respect of final action taken on determination of lease as per new policy.

5) Copy of guidelines depicting therein that act taken place before circulating the new policy be also taken under new policy.

6) Copy of complete record including file noting of disposal of issues raised in respect of bungalow number 151 from the date when it was firstly issues till the date on which information was provided”.

The CPIO furnished a reply to the Complainant on 08.07.2022 stating as under:

“As per record maintained by the office of Defence Estates Officer, Jalandhar Circle, Jalandhar Cantt. your good-self is not recorded HOR of the Bungalow No.151, The Mall, Ferozepur Cantt., hence the information asked vide your application under reference relates to third party. Thus, the same cannot be supplied, unless permitted by the concerned person to whom it relates. Hence, the said information under RTI Act, 2005 cannot be provided being "third party" information U/s 8 (i) of the RTI Act, 2005”.

Being dissatisfied, the complainant filed a First Appeal dated 06.03.2023.

The FAA vide its order dated 01.07.2024 stated as under:

“You have preferred an appeal U/S 19 of the RTI Act 2005 vide above referred Registration No. However, it is confirm that information given to you by the CPIO O/o DEO Jalandhar vide their letter No. F-MISC/RTI/ACT/VOL-IV dated 03.03.2023 is correct as per DEO Jalandhar office record”.

Feeling aggrieved and dissatisfied, complainant approached the Commission with the complaint.

2. Complaint - CIC/DIGDE/C/2024/634100 The complainant filed an RTI application dated 21.02.2023 seeking the following information:

“I have raised issue of undue benefit extended to lessee who had the property in possession for residential purpose. He let out he said property