The Applicant Mr. B.L. Sharma,General Secretary, BSNL, MTNL, RWA, 1768, GPO Compound, Kashmiri Gate, Delhi-110006.filed his RTI application on 12.02.09 with the CPIO, Department of Posts, New Delhi requesting for information on action taken on two of his letters dated 28.10.8 and 12.01.09 regarding demolition of unauthorized Jhuggi No.2, opposite Quarter no. 1768, Kashmere Gate, Delhi.
The CPIO replied on 02.03.09 stating that no material information as defined in Section 2(f) of the RTI Act-2005 has been asked and that demolition of jhuggis is not covered under it. Not satisfied with the reply from the CPIO the Applicant filed his First appeal on 24.03.09 requesting for information once again. The Appellate Authority replied on 27.04.09 upholding the decision of the CPIO. Being aggrieved with the reply, the Applicant filed his Second appeal before the CIC on 18.07.09 reiterating his request.
The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for 29 September, 2009. Mr. Ganga Prasad, AD(Bldg) & CPIO and Mr. Janardan Singh AD(Bldg) represented the Public Authority. The Applicant Mr. Banwar Lal Sharma and Mr. Ram Prasad were present during the hearing.
Decision by the CIC
The Respondent submitted that the Appellant is requesting for demolition of a Jhuggi colony and that this activity does not fall within the ambit of the RTI Act. The Appellant however, stated that under the RTI Act he is not seeking demolition but wanting to know action taken on his two letters dated 28.10.08 and 12.01.09 regarding demolition of the Jhuggis. The Respondent replied that after the sealing of the place on 17.10.08 , no further action has been taken by the Department except posting a security guard in the premises to ensure that no unauthorized construction is taken up in that area.
The Commission accordingly directs the CPIO to provide details of the security agency appointed to look after the said area and also to inform the Appellant the details of Competent authority whom the Appellant can approach for demolition of the Jhuggis in the Postal Department. The information to be provided by 25.10.09.
CIC Decision No CIC/AD/A/2009/001136 Dated 29 September 2009
