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Decision No. CIC/SG/A/2010/003283/10928
Appeal No. CIC/SG/A/2010/003283
Relevant Facts
emerging from the Appeal
Appellant : Mr. Parvesh Kumar Kanojia,
P. No.14/5, Rajpur Road,
New Delhi-110054.
Respondent :1) Mr. R. K. Sharma
AE (EEM-II) (CL Zone),
O/o the Superintending Engineer,
Municipal Corporation of Delhi,
Civil Lines Zone, 16 Rajpur Road,
Delhi.
2) Mr. Jagdip Chillar
Public Information Officer & Jt. A&C (CL Zone)
Municipal Corporation of Delhi,
Assessment and Collection Department
Civil Lines Zone, 16 Rajpur Road
Delhi.
RTI application filed on : 04/08/2010 PIO replied : 19/08/2010, 23/08/2010 & 03/09/2010 First appeal filed on : 06/09/2010 First Appellate Authority order : 04/11/2010 Second Appeal received on : 24/11/2010 S. No. Information Sought Reply of the PIO, Health Department, PIO(CL
Zone) and PIO/AE-II, Civil Lines dated
19/08/2010, 23/08/2010 and 03/09/2010
respectively:
1. Furnish reason for not initiating any No such initiative has been given to works
development work on quarters located at 14, department.
Rajpur Road.
2. Furnish reason for not implementing house Reply of PIO, CL Zone, dated 19/08/2010:
tax on the aforementioned quarters. The information sought does not fall within the
ambit of RTI Act.
Reply of PIO/AE-II:
The query related to Property tax Department.
3. Specify if MCD has permitted class four It is an illegal area.
employees to live in makeshift jhuggis at
this quarter. If yes, furnish details of the
authorities who have permitted it.
4. Specify how MCD would tackle the This store is very old and no change has been
problem of encroachment of land by these brought about in it. It is absolutely untrue that
jhhugies and constricting the roads. construction of the J.E.’s store has resulted in
constriction of the road.
5. Specify if the illegally operating tea-shop in Raids are conducted from time to time against the
the residential area is permissible; if it is shopkeeper.
permitted by the MCD. Furnish details of
authorities who ought to have looked into it
and have not taken any action against it.
6. Furnish reasons for getting the main road No epidemic spreads on account of bricks lying on
situated right opposite the Civil Lines Zone the road.
office of the MCD cleaned which is an
invitation to spread of epidemics.
First Appeal:
Unsatisfactory information furnished by the PIO.
Order of the FAA:
“From the records it has been revealed that all the three PIOs have given the reply concerning to
their Departments to the Appellant and the same has been received by the Appellant. On perusal of the
RTI application of the Applicant, it has come to light that the Applicant has put forth some query in form
of an RTI, which does not come under the purview of RTI Act 2005. The Appellant is advised to file an
RTI application to seek the information available in the office, which he has agreed to do.” ”
Ground of the Second Appeal:
Unsatisfactory information has been furnished to the Appellant by the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Parvesh Kumar Kanojia;
Respondent: Mr. A. P. Jain, Dy. A&C on behalf of Mr. Jagdip Chillar, PIO & Jt. A&C (CL Zone); Mr.
R. K. Sharma, AE (EEM-II) (CL Zone);
The PIO has provided all the information available on the records. The Appellant wants to know why a
certain property is not accessed to House Tax. The PIO had stated that there is no record on this matter
and hence there is no information which can be provided. Thus there is no information available as per
Section 2(f) of the RTI Act.
Decision:
The Appeal is disposed.
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
13 January 2011
(In any correspondence on this decision, mention the complete decision number.) (SC)