File No.CIC/SM/A/2011/000395 Right to Information Act2005Under Section (19) Date of hearing Date of decision
2 February 2012
2 February 2012 Name of the Appellant : Shri Rahul Kumar H.No. 229, Pocket C/8, Sector 8, Rohini, Delhi. Name of the Public Authority : CPIO, Archaeological Survey of India, Janpath, New Delhi. The Appellant was represented by Shri Saurabh Khanna, Advocate. On behalf of the Respondent, the following were present:
(i) Shri K.K. Sharma,
(ii) Shri Gauri Shankar Chief Information Commissioner : Shri Satyananda Mishra
2. Both the parties were present during the hearing and made their submissions.
3. The Appellant had wanted to know the exact provision of law under which permission could be given for extending the period of construction within the prohibited and regulated areas around protected monuments. In response, the CPIO had forwarded a copy of the relevant enactment. Later, on the direction of the Appellate Authority, once again, the CPIO forwarded some more extracts from the same enactment.
4. The Appellant submitted that the information sent both the times did not meet his requirement as it did not clarify the exact legal provision according to which extensions were being granted for completing construction within the prohibited and regulated areas around protected monuments. The Respondent showed us the opinion received from the Ministry of Law on the subject. On the basis of the legal advice given by the Solicitor General, Ministry of Law had advised that it was absolutely perfect and legal if the ASI would grant such extension. In our view, a copy of the opinion received from the Ministry of Law should be forwarded to the Appellant by way of clarification of the entire issue.
5. We, therefore, direct the CPIO to forward to the Appellant within 10 working days of receiving this order the photocopy of the relevant advice received from the Ministry of Law along with the opinion of the Solicitor General.
6. The appeal is disposed of accordingly.
7. Copies of this order be given free of cost to the parties. (Satyananda Mishra) Chief Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission. (Vijay Bhalla) Deputy Registrar