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Decision No.CIC/SG/A/2009/002945/6573
Appeal No. CIC/SG/A/2009/002945
Appellant : Mr. Chand Mehra,
S-555, Greater Kailash-II,
New Delhi-110048
Respondent : Mr. Naveen Verma
Public Information Officer & SE
O/o Supertending Eng.
Municipal Corporation of Delhi,
Central Zone, Zonal Office Building
Near Jal Sadan, Shiv Mandir Marg,
Lajpat Nagar, New Delhi
RTI application filed on : 12/06/2009
PIO replied : Not mentioned
First Appeal filed on : 17/08/2009
First Appellate Authority order : Not mentioned
Second Appeal Received on : 18/11/2009
Information sought:
Appellant sought following information regarding illegal encroachment of the public corridor by
the owners of Plot E1 &2, South Extn.-II, New Delhi-49:
1. What action had the MCD taken to remove the said illegal & violation of building
bye laws by the owners of the building situated at plot # E1 & 2 South extensions-II
New Delhi-110049?
2. Had the MCD inspected the building thoroughly to verify of exact quantum of and
violation of building bye laws?
3. Copy of the Office Notice memos, etc. of the MCD file in request of the said
property.
PIO's Reply:
Not enclosed.
Grounds for First Appeal:
Incomplete and incorrect information.
Order of the First Appellate Authority:
Not enclosed.
Grounds for Second Appeal:
Incomplete and incorrect information.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. J.S. Yadav, EE on behalf of Mr. Naveen Verma, PIO & SE;
The Respondent states that he has provided the information to the Appellant on 15/07/2009. The
Commission noticed that this has been acknowledged in the first appeal filed by the Appellant
the FAA has also passed an order on 04/09/2009 in which it is stated that the information has
been provided. The PIO in his reply of 15/07/2009 has informed the Appellant as follows:
”
1- As per record, no illegal construction was booked in respect of P.No.E-1 & 2, NDSE-II
(Mkt.), New Delhi for the last 5 years.
2- As per record, property under reference was inspected and no violation was noticed.
3- Reply as furnished at 1 above. "
From perusal of the papers it appears that the information was provided to the Appellant and in
the second appeal the Appellant appears to be alleging that the building byelaws have been
violated and that MCD is not recording the violation of the building byelaws. The Commission is
not able to verify this matter.
Decision:
The appeal is dismissed.
The information has been provided.
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
28 January 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj