Notification of those private lands that were once notified for acquisition but in whose case the full process was not completed and no compensation was awarded - list of applications received not maintained - CIC: put information on GNCTD website
24 Oct, 2013Notification of those private lands that were once notified for acquisition but in whose case the full process maintained - was not completed and no compensation was awarded - list of applications received for denotification not maintained - PIO had clubbed the written submission in respect of the present case along with another case - CIC: such clubbing of cases by the CPIO is contrary to the procedure followed by the Commission while discharging its quasi-judicial obligations.
Appellant stated that by not maintaining list of applications received for de-notification, the public authority can adopt a pick and choose policy and examine some applications and ignore others for long periods of time thereby causing detriment to the interests of those whose applications are not taken up for examination - in the absence of any list of pending applications, the benefit of level playing field is also not made available to the applicants whose applications can be considered randomly - CIC: The Principal Secretary, Land and Building Department, GNCTD, asked to direct the concerned officers to compile and collate this information and place it on the official website of the Delhi Government.
Central Information Commission
Room No. 305, 2nd Floor, ‘B’ Wing, August Kranti Bhavan, Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Appeal: No. CIC/AD/A/2012/002931/DS
Appellant /Complainant : Shri Rajiv Kapoor, Delhi
Public Authority : Land & Building Department (GNCT), Delhi\
Date of Hearing : 27 September 2013
Date of Decision : 27 September 2013
Facts:
In pursuance of directions held in Commission’s order dated CIC/AD/A/2012/002931/DS dated 1 August 2013, matter was heard today. Both parties as above appeared in person and made submissions.
Decision notice
2. It was evident from the averments of the Respondent that she had not read the order of the Commission carefully and had clubbed her written submission in respect of the present case along with another case. Such clubbing of cases by the CPIO is contrary to the procedure followed by the Commission while discharging its quasijudicial obligations and CPIO is directed to refrain from such actions in future.
3. It has been stated by the CPIO that the information sought by the appellant has not been compiled and collated and therefore cannot be provided to him. Commission notes that this matter is of larger public interest as it pertains to the notification of those private lands that were once notified for acquisition but in whose case the full process was not completed and no compensation was also awarded. The government subsequently decided that such lands could be de notified after appropriate examination on receiving applications from the Land owners by the concerned authorities.
4. Appellant has stated that by not maintaining list of applications received for de-notification, the public authority can adopt a pick and choose policy and examine some applications and ignore others for long periods of time thereby causing detriment to the interests of those whose applications are not taken up for examination. Also in the absence of any list of pending applications, the benefit of level playing field is also not made available to the applicants whose applications can be considered randomly on the basis of other considerations rather than on the basis of date of application. The absence of such information undoubtedly provides vast discretionary powers to those who are handling these cases thereby opening up opportunities of allegations of favouritism/corruption which must be avoided in the interest of good and transparent system of governance.
5. Therefore as per the provisions of section 8(2) Notwithstanding anything in the Official Secrets Act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. of the RTI Act, 2005, Commission requires that the Principal Secretary, Land and Building Department, GNCTD, to direct the concerned officers to compile and collate this information and place it on the official website of the Delhi Government. In this matter, the Commission is left with no doubt that in allowing access to this information, the public interest in disclosure will outweigh the harm to the protected interests.
6. In this regard, Commission invites attention of the Chief Secretary, GNCTD and the Principal Secretary, Land and Building Department, GNCTD to Commission’s order no. CIC/AD/A/2012/002932/DS (a copy of which is in closed) with special reference to Para 10 of the order in which the public authority namely, Land and Building Department, GNCTD has been directed to observe certain disclosure norms as per the provisions of section 19(8)(a)(iii) of the Act which according to the averments of the CPIO has yet not being complied with. Chief Secretary may like to issue appropriate directions in this regard.
7. As this matter is of larger public interest Commission will once again review compliance on 20.11.2013 at 12.15 P.M. along with representative of the public authority at appropriate level is directed to be present along with CPIO.
(Smt. Deepak Sandhu)
Chief Information Commissioner
Citation: Shri Rajiv Kapoor v. Land & Building Department in Appeal: No. CIC/AD/A/2012/002931/DS