GOVT. OF NCT OF DELHI Vs. KRISHAN KUMAR

JUDGEMENT

(1.) This writ petition is filed seeking to issue an appropriate writ, order or direction to set-aside the impugned order dated 07.09.2015 passed by Central Information Commission (CIC).

(2.) The case of the respondent is that in 1987 a plot measuring 112 sq yards under the 20 Point Programme bearing plot no.170, Village Gram Sabha, Bawana was allotted to the petitioner. On 14.10.1987, he deposited Rs.54 for the aforesaid land but the possession of the said plot has still not been handed over to him. Based on the above, the respondent filed an RTI application on 13.01.2011, where he sought information as to why the possession of the plot allotted to him has still not been handed over to him and how much time authorities will take to handover the possession to him. The CPIO dealing with the aforesaid application only noted that in the year 1987, possession for the plots allotted under the 20 Point Programme was given by the Gram Pradhaan, Block Development officer and Panchayat Secretary and no possession proceedings were carried out by the Patwari and Kanungo. The appeal filed by the respondent was dismissed on 11.04.2011. By the Impugned order, CIC had made the following directions:

(3.) I have heard learned counsel for the parties. Learned counsel for the petitioner has submitted that CIC cannot direct handing over of the possession of the plot to the respondent, which is contrary to the RTI Act. Learned counsel for the petitioner also states that the files in question have been lost as they were not transferred by the Village Pradhan to the concerned functionary, hence it is not possible to hand over the necessary documents, as sought for by the respondent.