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2026 Supreme(Online)(CIC) 4586

केीय सूचना आयोग

Central Information Commission


बाबा गंगनाथ माग, मुिनरका

Baba Gangnath Marg, Munirka

नई िदी, New Delhi – 110067


File No: CIC/MCDND/A/2025/104512


Savitri Devi .….अपीलकता/Appellant


VERSUS

बनाम


CPIO, Office of the Asst. Commissioner, Municipal Corporation of Delhi, South Zone, Green Park, New Delhi – 110016 ….ितवादीगण /Respondent


Date of Hearing : 24.03.2026


Date of Decision : 08.04.2026


INFORMATION COMMISSIONER : Vinod Kumar Tiwari

Advocates:
For the Appellants/Petitioners: Deepak Kumar
For the Respondents: Ashwini Kumar Gupta

A Public Information Officer is not obligated to create, generate, or infer information that is not currently held within the public authority's records; their duty is strictly limited to providing existing records to the information seeker.

Headnote:(A) Right to Information Act, 2005 - Section 3 and 7 - Obligation of Public Information Officer - Information must be available on record - Public Information Officer is not required to create, generate, or infer information not held by the public authority - If records are not available, it is not within the jurisdiction of the Commission to force the creation of such documents. (Paras 10, 11)

Facts of the case:
The Appellant filed an RTI application seeking certified copies of a file pertaining to a property and the status of action taken on previous complaints regarding alleged illegal encroachment and reconstruction. The Respondent clarified that no such records exist in their office. The Appellant brought the matter to the Commission after receiving unsatisfactory replies and the First Appellate Authority's intervention.

Findings of Court:
The Commission observed that the Respondent provided all available information as per their records. The Appellant acknowledged receipt of these replies, and there was no evidence of deliberate suppression of information.

Issues: Whether the Respondent is obligated to provide information that is not available on their records and whether there was any deficiency in service by the CPIO.

Ratio Decidendi: A Public Information Officer is only obligated under the Right to Information Act to provide information that is already available in the records of the public authority. They are not required to create, collate, or generate new information that does not exist.

Result: Appeal dismissed.

The instant matter is listed for hearing on priority basis in compliance with the order dated 16.02.2026 passed by the Hon’ble Delhi High Court in WP No. 19237/2025.

Relevant facts emerging from appeal:

RTI application filed on : 18.11.2024

CPIO replied on : Not on record

First appeal filed on : 20.12.2024

First Appellate Authority’s order : Not on record

2nd Appeal/Complaint dated : 06.02.2025

Information sought:

1. The Appellant filed an RTI application dated 18.11.2024 (offline) seeking the following information:

“PROVIDE "CERTIFIED TRUE COPIES OF ALL THE DOCUMENTS of the COMPLETE FILE" (FIRST PAGE of 1975 to LAST PAGE till Date) of my Mother's Property, "PLOT No. C-295, Dakshin Puri, New Delhi - 110062", SENT in the RECORDS of SLUM & J.J. DEPARTMENT OF MCD (SOUTH DELHI ZONE) H - BLOCK, DAKSHIN PURI, NEW DELHI - 110062.

AND

2. REQUEST TO PROVIDE INFORMATION about the "STATUS OF ACTION TAKEN" on my PREVIOUS COMPLAINTS (DAK No.: 505/GA/LPS, Date: 09-08-2024 and DAK No.: 845/GA/LPS, Date: 27-09-2024) regarding IMMEDIATE DEMOLITION of the 4 FEET ENCROACHED AREA OF GOVERNMENT LAND which is ILLEGALLY CAPTURED & POSSESSED by "LEELAVATI", W/O Surajmal Soni in front of my Mother's (Late Smt. CHANDA DEVI) Property "PLOT No. C-295, Dakshin Puri, New Delhi - 110062" and, in front of her Own Property, "PLOT No. C-296, Dakshin Puri, New Delhi - 110062".

AND

3. REQUEST TO PROVIDE INFORMATION regarding "IMMEDIATE DEMOLITION OF ILLEGAL RE-CONSTRUCTION DONE by "LEELAVATI", in my Mother's (Late Smt. CHANDA DEVI) Property, PLOT No. C-295, Dakshin Puri, New Delhi - 110062 "WITHOUT TAKING MY SIGNATURE AND N.O.C."

AND

4. REQUEST TO PROVIDE INFORMATION regarding "IMMEDIATE SEALING of my Mother's (Late Smt. CHANDA DEVI) Property, PLOT No. C-295, Dakshin Puri, New Delhi - 110062 due to ILLEGAL RE-CONSTRUCTION DONE by "LEELAVATI", in my Mother's Property, "WITHOUT TAKING MY SIGNATURE AND N.O.C."

Respectfully I beg to say that, as per "The R.T.I. ACT - 2005", I request you to kindly provide me the following Information within 30 Days Time Limit of R.T.I. ACT - 2005:

1. "CERTIFIED COPIES of ALL THE DOCUMENTS of the COMPLETE FILE" (FIRST PAGE of 1975 to LAST PAGE till Date) of my Mother's (Late Smt. Chanda Devi) Property, "PLOT No. C-295, Dakshin Puri, New Delhi - 110062", which are present in the RECORDS of the SLUM & J.J. DEPARTMENT OF MCD (SOUTH ZONE), H - Block, Dakshin Puri, New Delhi - 110062.

Property Details: Main Allottee - Late Smt. Chanda Devi

Property Address: C-295, Dakshin Puri, New Delhi - 110062.

Required Pages: CERTIFIED TRUE COPIES of the COMPLETE FILE (From FIRST PAGE of Year 1975 till The LAST PAGE of Today's Date)

Please be informed that, I am, Savitri Devi, Daughter (1 of 5 Children) of Late Smt. Chanda Devi, who is the Original Allottee and Owner of Plot No. C-295, Dakshin Puri, New Delhi - 110062. Being the 5th Legal Heir of my Mother, Late Smt. Chanda Devi's Property C-295, Dakshin Puri, New Delhi 110062, I am legally authorized to have my 1/5th share in the above mentioned property (as per Hindu Succession Act 15 (1)).

Hence, similarly, I am also legally authorized to receive the "CERTIFIED COPIES of ALL THE DOCUMENTS of the COMPLETE FILE" of my Mother's (Late Smt. Chanda Devi) Property, "PLOT No. C-295, Dakshin Puri, New Delhi - 110062", which are present in the RECORDS of the SLUM & J.J. DEPARTMENT OF MCD (SOUTH ZONE), H - Block, Dakshin Puri, New Delhi - 110062.

2. PROVIDE INFORMATION about the "STATUS OF ACTION TAKEN" on my PREVIOUS COMPLAINTS.

I had previously submitted TWO COMPLAINTS (Complaint No. "505/GA/LPS", Date: 08-08-2024 and Complaint No. "845/GA/LPS", Date: 27-08-2024) to "Shri Ashwini Kumar Ji" - Commissioner, MCD Headquarter, CIVIC Center, New Delhi - 110002 regarding:

• DEMOLITION OF 4 FEET ENCROACHMENT AREA on GOVERNMENT LAND which is possessed by "LEELAVATI" in front of Plot No. C-295 and Plot No. C-296, Dakshin Puri, New Delhi - 110062.

• DEMOLITION OF ILLEGAL RE-CONSTRUCTION DONE by "LEELAVATI", in my Moth

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