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Decision No. CIC/SG/A/2009/001049/3720
Appeal No. CIC/SG/A/2009/001049
Relevant Facts
emerging from the Appeal:
Appellant : Mr. T.M.Kumar
Janta Flats Residents Welfare Association
J-3/63, DDA Flats, Kalkaji,
Near Alaknanda Shopping Complex,
New Delhi-110019.
Respondent : Mr. Naveen Verma
Suptdg. Engineer (C)-I & PIO
Municipal Corporation of Delhi
Office of the Suptdg. Engineer (C)-I,
Central Zone, Lajpat Nagar,
New Delhi-110024.
RTI application filed on : 13/08/2008
PIO replied : 24/09/2008
First appeal filed on : 14/10/2008
First Appellate Authority order : 11/11/2008
Second Appeal received on : 01/05/2009
Information sought:
The appellant had sought following information regarding illegal constructions in J-1, J-
2, J-3 & J-4 DDA Janta Flats, Kalkaji, New Delhi:-
(a) Whether MCD is aware of illegal constructions in Janta Flats, Kalakaji,
New Delhi where single storey flats of Block J-1, J-3 are being
converted into Multi storey flats (4-6 storey flats) demolishing
complete structure, and likewise double storey flats of J-2 & J-4 in
Multi Storey flats.
(b) Whether constructions of 4 to 6 Storey flats on 40 Sq mtr base are
structurally safe and has the approval of the MCD.
(c) In case these buildings are unsafe and may collapse by a slight
earthquake than by whose permission these illegal constructions are
coming up and what action has so been taken to remove these illegal
constructions which is a threat to life and property of the innocent
neighbours.
(d) Which MCD official is responsible for allowing these illegal
constructions and what action has been taken against the errant official.
(e) Whether MCD is prepare to meet a disaster which may take place due
to collapse of these illegal constructions in case of nature calamity
such as earth quake etc.
(f) Whether MCD has learnt a lesson from a recent incident where a six
story illegal construction has collapsed at Chiragh Delhi resulting
loss/threat of life and property of innocent neighbours.
(g) Whether sale/purchase of such illegally constructed floors to different
person is permitted. If answer is yes, then provide copy of the
authority letter. If answer is no, then what action has been taken so far
against the owners.
PIO’s reply:
PIO had replied that “In this regard, it is informed that information sought by the
applicant is in the shape of queries and not liable to be replied as the definition of
“information” as in Section 2(f) of the RTI Act read with sections 2(i) & (j), it is clear
that the information to which a citizen is entitled under the RTI Act, are those which are
available in material form with a public authority. The act does not provide for a right to
seek comments, answers or interpretations to the queries raised by a citizen. There is no
provision in the RTI Act to seek comments, opinion or commitment. Further it is also
informed that a CPIO cannot be expected to answer such queries, the answers to which
could never be in a material form.”
The First Appellant Authority’s Order:
The First Appellant Authority’s Order that “the appellant was informed that the replies
have been given as per record available. Further, in respect of Point No.(g) of RTI
application, the appellant was informed that sale/purchase of properties does not relate to
MCD.”
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. T.M.Kumar
Respondent: Mr. J.S.Yadav on behalf of PIO Mr. Naveen Verma
What the appellant has sought is not information as defined under Section 2(f) of the RTI
Act. He wants justification and reasons for certain actions for which there is no record.
Decision:
The appeal is dismissed.
What is sought is not information as defined under Section 2(f) of the RTI Act.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
16 June 2009
(In any correspondence on this decision, mentioned the complete decision number.)
AK