CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/001843/4866
Appeal No. CIC/SG/A/2009/001843
Appellant : Mr. Devender Kumar,
House no. 10474, Manak Pura,
Karol Bagh, New Delhi-110005
Respondent : Public Information Officer,
Municipal Corporation of Delhi
O/o The Exe. Engg. (Bldg.)
Sadar Pahar Ganj Zone,
Idgah Road, Delhi
RTI application filed on : 13/04/2009
PIO replied : 08/06/2009 after FAA order
First Appeal filed on : 21/05/2009
First Appellate Authority order : 08/06/2009
Second Appeal received on : 29/07/2009
S. Information Sought PIO's reply
No.
(1). (a) Complaint lodged vide no. 16830 The information desired by the
dated 02/03/2009 in town hall. Applicant is barred by the provision
(b) Complaint in writing lodged on of section 8(j) of the RTI Act, 2005
02/03/2009 (diary no. 2501 in the O/o and the same cannot be supplied to
Deputy Commissioner) against Mr. the applicant.
Rajender Kumar, House no. 10856-57,
Manak Pura, Gali Phool wali, Karol
Bagh, New delhi.
(2). Name of the official of AE Building
Deptt. dealing with such matters
pertaining to manak Pura area as per
address cited above.
(3). How much time it takes by AE Building
Deptt. to initiate action against the
person carrying out unauthorized
construction after complaint is lodged to
the O/o the MCD in writing.
(4) Is construction of basement is allowed in
Manak Pura, Delhi area.
(5) Is construction being carried out in
House no. 10856-57, Manak Pura, Gali
Phool Wali, karol Bagh, New Delhi is
authorized and permitted by MCD,
Delhi.
(6) Is in the Manak Pura area for
construction, sanction of building plan
and permission for renovation is
required.
(7) Has Mr. Rajinder Kumar, House no.
10856-57, Manak Pura, gali Phool wali,
Karol Bagh, New Delhi sought
permission for construction/renovation
of his house, if yes copy of the
plan/permission may please be provided.
Grounds for First Appeal:
No reply received from the PIO.
Order of the First Appellate Authority:
PIO was directed to provide the requisite information as per RTI Act within 10 working
days. Appeal was disposed off accordingly.
Grounds for Second Appeal:
Unsatisfactory reply.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Devender Kumar
Respondent: Mr. Ajay Choudhary, AE-B, SPZ, on behalf of the PIO
The PIO has refused to give the information after a lapse of 53 days stating that the
information cannot be given under the provision of Section 8(1)(j) of the RTI Act. No
reasons have been provided for the denial and it appears that the PIO refused to give the
information with mala fide intention of protecting some unauthorized construction. The
deemed PIO Mr. Ajay Choudhary states that Mr. CB Singh, SE presently at Shahdara
North Zone, Zonal Office Building, SHahdara was responsible for sending this reply.
Decision:
The appeal is allowed.
Mr. Ajay Choudhary to directed to ensure that complete information is sent to the
Appellant before 05/10/2009.
The issue before the Commission is of not supplying the complete, required information
by the then PIO, Mr. CB Singh within 30 days as required by the law. From the facts
before the Commission it is apparent that the then PIO is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 as per the
requirement of the RTI Act.
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 15 October 2009
at 11 am alongwith his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20 (1). If any other person is responsible for
the delay in supplying the complete information to the Appellant, then the person may be
served this show cause notice as well and he should be directed to appear before the
Commission along with the then PIO.
The PIO will also submit proof of having given the information to the appellant.
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
18 September 2009
(In any correspondence on this decision, mention the complete decision number.)RA