Central Information Commission
Mr. Kali Ram Tomar vs Municipal Corporation Of Delhi on 15 January, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003058/6405
Appeal No. CIC/SG/A/2009/003058
Appellant : Mr. Kali Ram Tomar
1/4196, Ram Nagar Extn.
Loni Road, Shahdara,
Delhi-110032
Respondent : Mr. Naveen Verma
Public Information Officer & SE-I
O/o the Suptdg. Engineer ( C)-I
Municipal Corporation of Delhi,
Central Zone, Lajpat Nagar,
New Delhi-110024
RTI application filed on : 01/10/2009 ID. 4301
PIO replied : 27/10/2009
First Appeal filed on : 04/11/2009
First Appellate Authority order : 07/12/2009
Second Appeal Received on : 03/12/2009
Notice of Hearing Sent on : 14/12/2009
Hearing Held on : 15/01/2010
Information sought:
Appellant sought information vide different application IDs with similar nature regarding illegal
constructions, total no. of constructions, number of the constructions with their names &
addresses, number of demolished illegal constructions, list of properties against which
complaints made, constructions being done by various builders during 01/01/2009 to 15/09/2009
in following municipal wards :
ID no. Ward no. Area
4301 177, Sangam Vihar
4263 188 Sangam Vihar East
4261 186 Sangam Vihar West
4262 187 Sangam Vihar Central
4257 185 Tuglakabad Extn.
4258 197 Tuglakabad
4267 208 Sarita Vihar
4268 207 Madanpur Khadar
Appellant sought information on following points in respect of ward no. mentioned above:
Sl.No Information Sought Reply of PIO
1. Whether it was true that illegal It relates to Laws Department.
construction in Delhi had been banned by
the Court.
Page no. 1 of 3
2. Total number of constructions done in Requisite information is not available with
Ward no. as mentioned above of each this office on record.
area(s) from 01/01/2009 to 15/09/2009.
3. Number of the constructions with names As per record, this office has not
& addresses of which map were passed sanctioned a building plan under ward No.
by the MCD. 188 (Sangam Vihar (East)) for the period
from 01/01/2009 to 15/09/2009.
4. Number of the constructions with names Documents containing requisite
& addresses found illegal (out of them). information (booking of unauthorized
construction in Building Deptt., Central
Zone) can be furnished to the Appellant
on deposition of the Rs 108/ for 54
documents.
5. Total number of illegal constructions Documents containing requisite
demolished & list of their addresses information (booking of unauthorized
(during said period). construction in Building Deptt., Central
Zone) can be furnished to the Appellant
on deposition of the Rs 254/ for 127
documents.
6. Total number of demolished illegal Reply of point No. 4 above, contains reply
constructions & list of their addresses to to this point also.
which notice of demolishing sent.
7. Total number of demolished illegal Since no building plan is sanctioned by
constructions & list of their addresses of his office in Ward NO. 18 (Sangam Vihar
which were not constructed as per map (East))
accepted.
8. List of properties against which Documents containing requested
complaints made to MCD regarding information from 01/01/2009 to
illegal constructions during said period. 15/09/2009 (complaints received in the
Building Deptt., Central Zone) can be
furnished to the Appellant on deposition
of Rs. 3990 for 1995 documents @ Rs 2/.
per document.
9. Action taken against the officials who Requisite information is not available with
made illegal construction. this office on record.
10. Number of construction being continued -do-
in said ward at present. Provide list of
their addresses.
11. Appellant asked date & time for What is sought by the Appellant on this
inspection of the constructions with point, is not information.
officials.
Grounds for First Appeal:
Point no. 4, 5, 8: Appellant sought information regarding ward no. mentioned above while PIO
demanding fee for the documents concerned with Central zone.
Para no. 10 : Information not provided.
Order of the First Appellate Authority:
In respect of all ID mentioned above FAA mentioned following;
FAA stated that it would disproportionately divert the resources of the pubic authority as the
information sought by the Appellant was voluminous. The Appellant was advised to minimize
Page no. 2 of 3
and prioritize the requirement of data/information, of the same could be provided at the least
cost. Appellant was allowed inspection of relevant record with prior intimation to the PIO.
Grounds for Second Appeal:
False & Misleading information.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Kali Ram Tomar;
Respondent: Mr. J.S.Yadav, EE on behalf of Mr. Naveen Verma, PIO & SE-I;
The Appellant was asked to deposit additional fees which he felt were excessive. The
appellant would like to inspect the records and take photocopies of the relevant information.
Decision:
The appeal is disposed.
The PIO will facilitate an inspection of the relevant records to the Appellant on 28
January 2010 at 11.00am. He will be given photocopies of the records which he wants on
payment of additional fees as per the rules.
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 January 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj
Page no. 3 of 3