CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001062/8072
Appeal No. CIC/SG/A/2010/001062
Relevant Facts
emerging from the Appeal:
Appellant : Mr. V.K. Madan
10 A/13, Shakti Nagar,
Delhi-110007.
Respondent : Mr. Rajendra Prasad
Public Information Officer & SE
O/o the Superintendent Engineer
Municipal Corporation of Delhi
Zonal Office Building,
16, Rajpur Road, Delhi-110054.
RTI application filed on : 29/12/2009
PIO replied : 21/01/2010
First appeal filed on : 27/01/2010
First Appellate Authority order : 03/03/2010
Second Appeal received on : 26/04/2010
Information Sought:
i) Why action has not been taken on the complaint filed by the Applicant regarding
unauthorized construction by Mr. A.K. Madan on the ground floor of House No.
10A/13, Shakti Nagar, Delhi.
ii) Reason for not demolishing the said construction.
iii) Reason for not considering the complain filed by the Applicant regarding the said
unauthorized construction.
iv) Reason for not penalizing Mr. A.K. Madan for the said illegal construction.
v) Same as query No.2.
Public Information Officer’s (PIO) reply:
Information was denied stating that the said information is outside the purview of the RTI Act
2005.
Grounds for the First Appeal:
Information was denied by the PIO.
Order of the First Appellate Authority (FAA):
The PIO was directed to provide a copy regarding the current status of the said property within
10 days from the date of order.
Grounds for the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. V.K. Madan;
Respondent: Mr. Rajendra Prasad, Public Information Officer & SE;
The appellant has clearly framed the queries in a manner which do not constitute seeking
information as defined under Section 2(f) of the RTI Act. However, with the appellant’s
concurrence the Commission is reframing the queries so that his information need is satisfied.
1- Action taken on the complaints of the appellant on 25/11/2009, 11/12/2009 and
24/12/2009.
Decision:
The Appeal is allowed.
The PIO is directed to give the information as described above to the
appellant before 05 July 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
09 June 2010
(In any correspondence on this decision, mention the complete decision number.)(AG)