Dr.O.P.Duggal filed an RTI application dt.2.7.09 with the PIO, DoP, Dehradun. He requested for following information in respect of P&T Holiday Home situated at Library (Gandhi Chowk) in the city of Mussoorie:
i) Is the Postal Department owner/tenant of the building.
ii) If owner from whom purchased when and at what price with photocopy of sale deed.
iii) If tenant, who is the owner, taken at what rent and from which date with photocopy of agreement deed with the owner.
The PIO replied on 4.8.09 stating that the Postal Department is the owner of the Holiday Home Campus Mussoorie and that it was transferred from the name of Mrs.M. Fuster to the President of India on 23/26 June 1960. He stated that Photocopy of the sale deed is not available at present. Not satisfied with the reply, the Applicant filed a complaint dt.10.8.09 with the State Information Commission, Dehradun stating that the PIO had not mentioned when the saledeed would be made available. The SIC, Dehradun in turn transferred the case to CIC on 26.8.09.
The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for December 2, 2009. Shri S.K.Kandwal, ASP (Bdg) cum APIO represented the Public Authority. The Applicant was represented by Dr.Jyoti Marwah during the hearing.
Decision
Dr.Jyoti submitted that her father is the owner of the land on which the Postal Holiday Home stands. The Respondent, however, refuted this statement by stating that the Postal Department is the owner of the building and that it was purchased in 1960 from Mrs.Fuster. He, however, was unable to produce the sale deed as sought by the Appellant since according to him the same has been lost. He also stated that the CPIO had informed him in July that efforts are being made to get a duplicate sale deed. The Commission after hearing the submissions of both sides directs the CPIO to lodge an FIR with the police about the lost Sale Deed and to share a copy of the FIR with the Appellant and with the Commission and also to obtain the duplicate sale deed and provide a certified copy of the same to the Appellant before end January, 2010. The Appellant is directed to submit a compliance report to the Commission by 7.2.10.
CIC Decision No CIC/AD/C/2009/000836 dated 20.11.2009
