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The Central Information Commission (CIC) has written to the Anti-Corruption Bureau about “widespread and organised activity of illegal and unauthorised construction” and noted that complaints to the Municipal Corporation of Delhi (MCD) have had “no impact”.

The remark came on an application filed under the Right to Information (RTI) Act by Sanjay Kumar, a resident of Kabir Basti in north Delhi.

He had sought information regarding unauthorised construction in the Subzi Mandi area. He approached the CIC after he did not get a satisfactory response from the MCD.

“Law-abiding citizens in Delhi are at their wits’ end to get a method of stopping the widespread illegal constructions in Delhi. Scores of RTI applications and complaints to the MCD appear to have no impact at all and citizens start losing faith in the existence of a rule of law,” information commissioner Shailesh Gandhi said during a hearing March 25.

The MCD was represented by R. Prasad, deputy commissioner, Civil Lines Zone.

“The appellant has made a number of complaints to the deputy commissioner, Civil Lines Zone (R. Prasad)…It is apparent that the MCD is unwilling to take any action on complaints of such unauthorised constructions,” Gandhi observed.

“Some of the information is still balanced and it is claimed that regularisation and sealing file is not obtainable since nobody knows where it is. This is a file relating to 2008 about unauthorised construction and, hence, it may well have been stolen,” he said.

“The PIO (Public Information Officer) states that he is not able to get the cooperation of his officers in the MCD in spite of repeated verbal and written reminders,” he added.

“The commission has also filed a complaint with the Anti-Corruption Bureau about such widespread and organised activity of illegal and unauthorised construction in the capital city of this country,” Gandhi added.

The CIC directed the PIO to “locate the file and provide the information to the appellant before April 10, 2010″.

“If the file is not located, he will (have to) file a police complaint about the theft of the file, giving the names of the officers who last handled it and send a copy of the police complaint to the appellant and the commission before April 20, 2010,” Gandhi ordered.

The commission also held the MCD’s PIO R. Prasad and other deemed PIOs responsible for not following the RTI Act properly as they did not reply to applications within 30 days, as mandated under the Act.

The commission issued a showcause notice, asking “why penalty should not be levied on them?”

“From the facts before the commission, it is apparent that the PIO and the deemed PIOs are guilty of not furnishing information within the time specified under the (RTI Act) by not replying within 30 days. It appears that the PIO and deemed PIOs’ actions attract the penal provisions,” Gandhi said.

“A showcause notice is being issued to them, and they are directed to give their reasons to the commission to show cause why penalty should not be levied on them,” he said.

He also directed the MCD officials to attend the next hearing April 23 with “written submissions” showing why they should not be penalised.

“If there are other people responsible for the delay in providing the information to the appellant, the PIO is directed to inform such people of the showcause hearing and direct them to appear before the commission with him,” Gandhi added


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11 Comments on "Delhi’s illegal constructions: MCD pulled up"

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PRASHANT BHUSHAN
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RESPECTED SIR,

M REASIDEND OF L-270 SHASTRI NAGAR NEW DELHI THERE IS A UNAUTHRISED PRIVATE TAMPLE CONSTRUCTION HAS BEEN DONE BY L-268
WHICH LED STREET WIDTH VERY LESS
SO PLEAS GET PREVENT THIS CONSTRUCTION

THANK YOU..

Dwarka
Guest
Dear Sir, Greetings Of the Day!!! This is to inform you that there is a illegal construction going on in D-9 Pratap Nagar (Andha Mughal) Delhi – 110007. This person has occupied unauthorised land in front of his house (Approx 6 – 10 feets) which is the footpath at the side of road & at the back of his house.We have complained to Police but they have not taken any action.Any one can see How much construction is going on in this house no.D-9 Pratap Nagar (Andha Mughal) Delhi – 110007. It is situated near pratap nagar metro station.In my… Read more »
BOBBY
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Sir, there is illegal and unauthorized construction is going on in 8902/14B, Shidi Pura, Karl Bagh, New Delhi-11005 and without permission of M.C.D there are few POLICE OFFCIALS (S.H.O. & beat officer of the area. OF DELHI POLICE are taking bribe for these construction and M.C.D Patwari also taking money. Construction is going in the Shidi Pura where in this area construction is not allowed.

Sir, please do something there are mafia of this illegal construction has been already constructed unauthorized and illegal flats and shops in the area by giving bribe to all beat officers of Delhi Police and M.C.D.

nasirahmed
Guest

we gives complaint against encroachmentof library road and main bzr nawab ganj.but mcd and local police not take any action against them,and our area rwa also gives several complaint of concern dept.but noresult found,i hope that times u take pain and remove encroachment.

nasir ahmed
Guest

i nasir ahmed r/o nawab ganj delhi.first of fall i tell you very honestly,in our area a totally resi.area but some year ago,mot of builder mafia comes and purchase houses in nawab ganj,and then convert house to commercial properties.andour area association [rwa] decideke ded a genral body meeting to dicuse about problems,and all body members tacison to go honabale high court,and write a write pititon against builders and court gives intrim relif.and markmcd/police to filed status reports,on next date.and i also wantsneccary action against them.

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