CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
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Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000395/7697
Complaint No. CIC/SG/C/2010/000395
Complainant : Mrs. Kamal Kaushik
C-410/B, Gali No. 42
Mahavir Enclave, Part 3
New Delhi - 110059
Respondent : Mr. K. C. Meena
Public Information Officer &
Superintending Engineer - II
MCD, West Zone
Vishal Enclave, Rajouri Garden
New Delhi
Mr. H. K. Kapoor
Superintending Engineer
Delhi Development Authority
Mangla Puri, Dwarka
New Delhi
RTI application filed on : 03/12/2009
PIO replied : 06/01/2010
Complaint filed on : 10/03/2010
Date of Notice of Hearing : 12/04/2009
Hearing held on : 12/05/2009
Information sought:
In regard to: Drainage pipes on either side of the Mahavir Enclave , Part 3, 60 Foot Road.
The drainage pipes have not been cleaned since its inception leading to rainwater storing up
and the pipes rusting. This has lead to breeding of mosquitoes the area along with spread of
horrible smell
1. Which year was the drainage pipes constructed?
2. Is there a proper outlet for the water in the drainage pipes?
3. What is the time specifications under the provisions under the MCD for the cleaning of
the drainage pipes
4. If there is provision for the cleaning of the pipes, why has it not been done so?
5. Who is the responsible authority for the cleaning of the pipes?
6. In the concerned matter, where can a complaint be file so that necessary action is taken?
Response of the PIO:
Transfer of file from MCD to DDA and back and so on with neither of the party willing to take
any responsibility on the matter.
Grounds for Complaint:
No Information received from the PIO
Relevant Facts
emerging during Hearing:
The following were present
Complainant: Mr. Rajiv Kumar on behalf of Mrs. Kamal Kaushik;
Respondent: Mr. K. C. Meena, PIO & Superintending Engineer – II (MCD);
Mr. H. K. Kapoor, Superintending Engineer (DDA);
The Complainant has sought information about reconstruction of a drain and maintaining
the cleanliness of the drain. The RTI has been bounced between MCD and DDA and discussions
with the PIOs of MCD and DDA revealed that the drain was constructed by DDA since it was
asked to widen the road by a High Court order. No body knows who made the drain next to the
original road. DDA claims that it is not their responsibility to maintain the drain. MCD claims
that since the road is maintained by DDA it is their responsibility to maintain the drain. The PIO
of DDA states that discharge in the drain is from unauthorized colonies which are next to the
road hence they are not responsible for maintenance of these drains. In view of the various
submissions made by the two PIOs it is evident that these drains are claimed to be nobody’s
responsibility. This is really distressing that the Governance structure is so poorly organized that
officers spent more time showing how they are not responsible and nobody is willing to provide
services required to citizens. DDA however claims that sometimes when they feel that the
position of the drains is very bad and nobody is caring they clean the drains. However the
Complainant claims that the cleaning of the drains is completely unsatisfactory and leading to an
unhygienic situation. Perhaps attention would be drawn to this in the event of outbreak of some
epidemic. However it appears that queries 1 to 4 can be replied by the PIO of DDA.
Decision:
The Complaint is allowed.
The information has been given to the Appellant before the Commission.
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
12 May 2010
(In any correspondence on this decision, mention the complete decision number.) (DR)