ROOP RANI Vs. MCD

JUDGEMENT

(1.) THE petition impugns the order dated 21 st July, 2011 of the Central Information Commission (CIC) allowing the appeal of one Mr. Mohinder Kumar Mehra and directing the PIO of the respondent MCD to provide attested copies of the plans of all the floors of property No.D-4, Lajpat Nagar-II, New Delhi to the said Mr. Mohinder Kumar Mehra after blanking out the internal walls under Section 10 of the Right to Information Act, 2005.

(2.) THE petitioner has not chosen to implead the said Mr. Mohinder Kumar Mehra as a party to this writ petition. On enquiry, the counsel for the petitioner states that since the grievance of the petitioner is against the order directing the MCD, Mr. Mohinder Kumar Mehra is not a necessary party.

(3.) IT has further been enquired as to whether there are any legal proceedings between the petitioner and the said Mr. Mohinder Kumar Mehra. The counsel states that Mr. Mohinder Kumar Mehra has filed a suit for partition of the property No.D-4, Lajpat Nagar, New Delhi and which is pending adjudication. He also admits that Mr. Mohinder Kumar Mehra is in possession of a part of the property, though it is claimed that he has trespassed into the same and a criminal case in that regard is also pending. IT is generally stated that a number of other proceedings between the petitioner and the said Mr. Mohinder Kumar Mehra are also pending.