CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000072, 73,74,75,76,77 & 79/11485
Appeal No. CIC/SG/A/2010/0072,73,74,75,76,77 &79
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Rajendra Gupta
704, G. T. Road, Shahdara,
Delhi - 110032.
Respondent : Mr. Dilip Ramnani
Public Information Officer and
Superintending Engineer - I
Municipal Corporation of Delhi
Green Park, South Zone,
Delhi - 110016
ID No. Information Sought PIO's Reply Date First Appeal Date FAA's order Date
1924 12/10/2010 08/11/2010 17/11/2010 No order
2242 12/10/2010 18/11/2010 17/11/2010 No order
1961 12/10/2010 18/11/2010 17/11/2010 08/12/2010
1960 12/10/2010 18/11/2010 17/11/2010 No order
1962 12/10/2010 18/11/2010 17/11/2010 No order
1963 12/10/2010 18/11/2010 17/11/2010 No order
2052 12/10/2010 19/11/2010 17/11/2010 No order
2241 12/10/2010 18/11/2010 17/11/2010 No order
Information Sought:
The Appellant vide his several RTI Application had sought information regarding approval of building
plan of several properties by Green Park, South Zone of MCD. The Appellant further wanted to know
whether any action had been initiated against the said properties if it was found that some illegal
construction was going on over the same properties, name of the officer who had been given the
responsibility to inspect the site and submit the report whether the building was constructed according to
the sanction plan or not along with his designation, copy of the report, mobile number and workplace,
whether the fundamental need of the inhabitants had been kept in the mind while sanctioning the building
plans and whether the guidelines and rules of MCD master plan was followed for the same or not. The
Appellant had also sought a copy of registered maintained by the field officer which had been mandated
by Ministry of Urban Development and Poverty Alleviation.
Property Nos:
A97 Sadullahzaba F 195,F196 MB Road, Sadullahzaba Delhi
90/7 A8 , A 77, A 94 A 96A97 A 98 B1/26 Malviya Nagar New Delhi.
220, 223 222A Main road191,210 G Shahpur Jat New Delhi
J3/63, J3/64, J3/64A,J3/71,K3/1 Khidki Extension Malviya Nagar, New Delhi
E15, E 47,Panchsheel park and A1/3 Panchsheel Enclave New Delhi
A16 Mayfair GardenA5 1B, C36, D48 Hauz Khas, New Delhi.
F212, F269,Lado Serai,M 26,M 77, Lado Serai New Delhi.
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D-5, D-7, A-1/14, A-1/15, A-1/19, C-43, Soami Nagar North, Panchseel Emclave and B-65, Soami Nagar
North, new Delhi
Reply of the PIO:
For ID NO 1924 Q1As per the record the mentioned property has not been booked.Q2&3 Since 1-01-
2010 no plan of building has been passedQ4 no field diary has been maintained Bldg D/52 the booking for
illegal construction is done in Missal Bandh Register and for Demolition its registered in the demolition
register. For ID NO 2242 Property no A 77 Malviya Nagar has been passed since 2005 no records is
found no diary is maintained for field work. For ID No 1961 on Property No 210 Shahpur Jet demolition
has been done no other information has been recorded since 2005 For Vide no 1960 Property No J
3/63Khidki Extension actions has been taken under 3430&3443 no other information has been recorded
since 2005 no diary has been maintained for field work. For Vide no 1962A 1/3Panchsheel Enclave’s map
has been passed by Building Department South Zone no other information has been recorded since 2005
no diary has been maintained for field work. As per ID Vide No A 51B C 36 D48 is passed by south zone
Building Department no other information has been recorded since 2005 As per ID Vide NO 2052 no
actions has been taken till date as per the records. In reply to ID No. 2241, the PIO replied that the
Building plan of D-5, A-1/114, A-1/115 & C-43 Soam Nagar and Panchsheel Enclave had been approved
by the Building Department of South Zone, MCD and negative answer was given in response to rest of
the question.
First Appeal:
Take strict actions against illegal construction and furnish the appellant about the actions taken. Provision
of the requisite information
Order of the FAA:
For ID NO 1961 As per the hearing on 8-12-2010 in the presence of PIO and the Appellant the PIO is
directed to provide the requisite information within 10 days appeal thus is disposed of.
Ground of the Second Appeal(07-01-2011):
By taking strict actions on the PIO provide the requisite information.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Rajendra Gupta;
Respondent: Mr. Dilip Ramnani, Public Information Officer and Superintending Engineer – I; Mr. P. V.
Singh, EE-I on behalf of APIO-I Mr. R. S. Gupta;
The PIO has given certain information after the order of the FAA as per the order of the FAA. The
FAA had given an order on 21/01/2011 to give the information within 15 days i.e. by 05/02/2011. Instead
the information as sent on 08/03/2011 which is deficient in the following manner:
1- Whenever the properties are being made as per sanctioned plan information has not been
provided whether there is any record that the construction is as per the building plan or not.
2- Whenever the properties are not being made as sanctioned plan the details of the action taken
against the complaint of the appellant and attested photocopies of appropriate missalband
register/notices issued must be provided.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant
before 30 March 2011.
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The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
From the facts before the Commission it appears that the PIO is guilty of not furnishing information
within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. He has further refused to obey the orders of his superior officer, which raises
a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has
clearly ordered the information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
He will present himself before the Commission at the above address on 04 April 2011 at 02.30pm
alongwith his written submissions showing cause why penalty should not be imposed on him as mandated
under Section 20 (1). He will also submit proof of having given the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
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
15 March 2011
(In any correspondence on this decision, mention the complete decision number.)ns
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