CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003324/10453
Appeal No. CIC/SG/A/2010/003324
Relevant Facts
emerging from the Appeal
Appellant : Mr. Yogesh Kumar,
T-22, Kabir Basti, Malka Ganj
Delhi-110007
Respondent : Deemed PIO & Executive Engineer
Municipal Corporation of Delhi
o/o the Superintending Engineer
Idgah Road, Sadar Paharganj Zone,
Sadar Bazar, Delhi- 110006
RTI application filed on : 15/07/2010
PIO replied : Not Replied
First appeal filed on : 21/09/2010
First Appellate Authority order : 25/10/2010
Second Appeal received on : 26/11/2010
Information Sought:
The appellant sought information regarding an illegal construction and encroachment on Govt. Land carried out by
the owner of property No. 3963-64, Chowk Mansa Ram, Bahadurgarh Road, Delhi. The queries are:
1. Inform whether the construction work going on the above-mentioned site is under the rules of Building
Department. Also provide with certified copies of orders passed by Building Department against the illegal
constructions.
2. Provide with the copy of site-maps of the illegal construction if so is done by passing the site-map in the
department.
3. Specify with the action taken by the Building Department if the illegal construction is done without the
passing of Site-maps.
4. Specify whether the Building Department has registered the construction in the illegal construction’s
register. Also provide with the copy of FIR & notice for the matter.
5. Furnish with the certified copies of the construction.
6. Furnish with the number of records of complaints against the same construction site in Building
Department. Provide with the certified copies of the complaints.
7. Provide with the certified copies of all the properties where illegal construction is found, the properties
where illegal constructions are booked, the properties against whom demolition orders have been passed
and the properties that are demolished from January 2010 to 12, July 2010 in ward S-76 of Sadar Bazaar.
Reply of PIO:
Not replied.
First Appeal:
No information given by PIO.
Order of the FAA:
“I have gone through the appeal. It revealed that the application filed under RTI Act was forwarded to EE(B)/SPZ
under I.D. No. 282/SE/SPZ. But no reply was sent to applicant so far despite reminder issued to EE(B)/SPZ by
SE/SPZ. Therefore, deemed PIO/EE(B)/SPZ is directed to provide the requisite information to appellant as
available on record under the provision of RTI Act within ten working days.”
Ground of the Second Appeal:
No information provided by the PIO. The information was not provided even after the specific order of the First
Appellate Authority.
Decision:
From the submissions of the Appellant it appears that after the order of the FAA no information
has been provided to the Appellant. The First Appellate Authority had on 25/10/2010 directed the
Deemed PIO/EE(B) to provide the information to the Appellant with 10 days.
The Appeal is allowed.
The Deemed PIO/Executive Engineer (B) is directed to provide the information to the
Appellant before 05 January 2011.
The issue before the Commission is of not supplying the complete, required information by the deemed PIO
& EE(B) within 30 days as required by the law.
From the facts before the Commission it appears that the deemed PIO & EE(B) is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the
requirement of the RTI Act. He has further refused to obey the orders of his superior officer, which raises a
reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has clearly
ordered the information to be given. It appears that the deemed 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.
Deemed PIO & EE(B) will present himself before the Commission at the above address on 14 January 2011 at
11.30am alongwith his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1). He will also send the information sent to the appellant as per this decision
and submit speed post receipt as proof of having sent the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the PIO is
directed to inform such persons of the show cause hearing and direct them to appear before the Commission
with him.
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
15 December 2010
(In any correspondence on this decision, mention the complete decision number.) (ST)