CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002585/5826
Appeal No. CIC/SG/A/2009/002585
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Sunil Aggarwal
Residents Welfare Association (Regd)
Sector 2, Pocket 3-7 Flats,
Rohini, Delhi - 110085
Respondent : Ms. Sushma Jerath
Public Information Officer & Dy. Secretary
Department of Environment, GNCTD
6th Level, C-Wing, Delhi Secretariat, I.P. Estate,
New Delhi
RTI application filed on : 05/06/2009
PIO replied : 31/07/2009 & 24/09/2009
First appeal filed on : 17/08/2009
First Appellate Authority order : 16/09/2009
Second Appeal received on : 14/10/2009
Date of Notice of Hearing : 29/10/2009
Hearing Held on : 10/12/2009
Information Sought:
1. Detailed information and documentary proof of sanction of rain water harvesting pit by the
Delhi Government, including all correspondence regarding the same.
2. Name of the officer accepting the rain water structure and copy of permission letter granted
by MCD for digging of the pit, and if permission was not granted, then on what basis were
Rs. 2 lakh given.
3. Details as to whether the same was maintained by the Delhi Government and Dr. M.K.
Mehto using the 2 lakh rupees.
4. Year in which the pit was dug.
Reply of the PIO:
(Reply dated 31/07/2009)
The PIO replied that as more than five years had passed since the Rain Water Harvesting Project
to the RWA had been sanctioned and completed no details were available with the Department.
The responsibility of the maintenance of the project lay with the RWA.
(Reply dated 24/09/2009 after the FAA Order had been passed)
The PIO provided the Minutes of the Meeting of the Project Scrutinizing Committee held on
22/08/2003 and 06/10/2003 under the Chairpersonship of Secretary (Environment).
First Appeal:
Unsatisfactory reply given by the PIO.
Order of the FAA:
The FAA observed that the fact that five year old records were not with the Department was not
acceptable and directed the PIO to furnish the relevant information within 7 days of the passing
of the order.
Ground of the Second Appeal:
That the Appellant has still not been supplied with the proper information.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Sunil Aggarwal;
Respondent : Ms. Sushma Jerath, Public Information Officer & Dy. Secretary;
The appellant had sought information about a rain water harvesting project under taken at
Sector-2 in Rohini Zone. The PIO has given the information on the records whereas the appellant
claims that the works has not been done on the ground. The Appellant and the respondent are
willing to do a joint inspection to verify the reality on the ground. The PIO and the Appellant
will conduct a joint inspection at the site to verify the installations of the ground on 29 December
2009 at 10.30am.
Decision:
The Appeal is allowed.
The PIO and the Appellant will conduct a joint inspection at the site to verify the installations of
the ground on 29 December 2009 at 10.30am. A joint inspection report will be prepared and a
copy of the same will be given to the Appellant and the Commission before 05 January 2010.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
10 December 2009
(In any correspondence on this decision, mention the complete decision number.)(PS)