MCD gave the Wilson Survey report to a private firm and nobody bothered to retrieve it. The CIC directed the additional commissioner to retrieve the report and provide a copy to the appellant. This is 164th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while allowing an appeal, directed additional commissioner for establishment at Municipal Corporation of Delhi (MCD) to obtain the Wilson Survey report from a private firm and provide copy of page no230 to the appellant.

While giving this judgement on 12 July 2011, Shailesh Gandhi, the then Central Information Commissioner said, “The survey report was given to INTACH in 2007 and nobody in MCD seems to have bothered to retrieve it from INTACH. The additional commissioner for establishment at MCD is directed to retrieve the Wilson Survey report and provide a copy of sheet no. 230 of the said report to the Appellant before 10 August 2011.”

New Delhi resident Ved Prakash Sharma, on 19 October 2010, sought from the Public Information Officer (PIO) of Land and Estate Department at MCD information about the Wilson Survey carried out by the MCD. Here is the information he sought and the reply provide by the PIO under the RTI Act...

1. In the year 1910-11-12, there was a survey by the permission of the Municipal Committee Delhi which is popularly known as Wilson Survey.

Please furnish details from that survey Sheet No.230 which is related to the Pahadganj.         

PIO's reply- Wilson Survey Sheet had been provided to the Municipal Employment Department. Later, as per DC/City Zone requirement, the record was given to the Assistant Commissioner, Akhil Ahmed of Building Department/City Zone dated 25 November 2007 letter no.D/205/DC/C-2//2007 on 16 October 2007. The Appellant could enquire for the city areas as per his own convenience.

Citing information provided by the PIO as unsatisfactory, Sharma, the appellant filed his first appeal.

In his order, the First Appellate Authority (FAA) directed the PIO to provide the correct information to the appellant within seven days failing which the penal provision of the act will be invoked against him.

On 7 April 2011, the PIO replied saying, "As per the record of Municipal Corporation of Delhi City Area, Wilson survey Sheet charge has been given to the M/s INTACH dated 14 July 2009."

Not satisfied with the PIO's reply, Sharma then approached the CIC with his second appeal.

During the hearing, Mr Gandhi noted that the appellant has been seeking sheet no230 of the Wilson Survey report. He said, "The RTI application has been sent to various PIOs and it now emerges that this appears to have been given to INTACH in 2007 and nobody in MCD seems to have bothered to retrieve it from INTACH."

The PIOs present before the Bench were not clear as to who should retrieve from INTACH.

While allowing the appeal, Mr Gandhi, directed the additional commissioner for establishment (MCD) to retrieve the Wilson Survey report and provide a copy of sheet no. 230 of the said report to Sharma before 10 August 2011.

CENTRAL INFORMATION COMMISSION

Decision No. CIC/SG/A/2011/001421/13402

https://ciconline.nic.in/cic_decisions/CIC_SG_A_2011_001421_13402_M_60437.pdf

Appeal No. CIC/SG/A/2011/001421

Appellant                                       : Ved Prakash Sharma

                                                                  New Delhi-110055

Respondent                                   : TP Sharma

                                                            PIO & AC,

                                                            Land and Estate Department

                                                            Municipal Corporation of Delhi

                                                            7th Floor, Civic Centre, Minto Road,

                                                            New Delhi