PRINCIPAL SECRETARY TO THE GOVT. DEPARTMENT OF URBAN HOUSING AND DEVELOPMENT Vs. CHATAR SINGH MEHTA AND ANOTHER

JUDGEMENT

(1.) By way of this writ petition, challenge is sought to be given to the order dated 01.09.2008 (Annex.7) as passed by the Rajasthan Information Commission (hereinafter referred to as 'the Commission') in Complaint Case No.102/2008 imposing penalty in the sum of Rs.25,000.00 on the Department represented by the petitioner and awarding compensation in the sum of Rs.5,000.00 to the applicant-respondent No.1.

(2.) The background facts and relevant aspects of the matter are that the respondent No.1 submitted a request per Sec. 6(1) of the Right to Information Act, 2005 (hereinafter referred to as 'the Act'/'the Act of 2005') on 07.08.2007 (Annex.1) to the Public Information Officer, Urban Development Department, Government of Rajasthan, Jaipur seeking the following information concerning certain land acquisition proceedings:-

(3.) The applicant, having not received the requisite information or the reply within the time specified in Sec. 7 (1) of the Act of 2005, proceeded to submit an appeal under Sec. 19 of the Act to the Appellate Authority on 09.09.2007 (Annex.2) stating that the desired information pertaining to the execution of the award made in the land acquisition proceedings having not been received, the same be ordered to be provided free of charge per Sec. 7 (6) of the Act. The Appellate Authority, the Additional Chief Secretary and Development Commissioner, proceeded to consider the matter in Appeal No.276/2007 and found that the petitioner had asked for the information with all the necessary particulars and it was entirely unjustified that the Department had not supplied such information; and directed the Department to do so within two weeks. The Appellate Authority allowed the appeal by its order dated 29.11.2007 (Annex.3) that reads as under:-