Central Information Commission Judgements

Mr.Ajit Gupta vs Mcd, Gnct Delhi on 17 August, 2010

Central Information Commission
Mr.Ajit Gupta vs Mcd, Gnct Delhi on 17 August, 2010
                          CENTRAL INFORMATION COMMISSION
                              Club Building (Near Post Office)
                            Old JNU Campus, New Delhi - 110067
                                   Tel: +91-11-26161796

                                                                 Decision No. CIC/SG/A/2010/001891/9001
                                                                        Appeal No. CIC/SG/A/2010/001891

Relevant Facts

emerging from the Appeal:

Appellant                               :      Mr. Ajit Kumar
                                               A/68, Rajouri Garden
                                               New Delhi-110027

Respondent                              :      Mr. R. K. Sharma
                                               Public Information Officer &
                                               Superintending Engineer (B) (HQ)
                                               Municipal Corporation of Delhi
                                               Office of Superintending Engineer
                                               Town Hall, Room No.71
                                               New Delhi-110006

RTI application filed on                :      30/03/2010
PIO replied                             :      06/05/2010
First appeal filed on                   :      24/05/2010
First Appellate Authority order         :      28/06/2010
Second Appeal received on               :      07/07/2010

 Sl.                Information Sought                                   Reply of the PIO
1.     What will be the level of +/-0 in case of a         It depends on case by case basis. In this
       vertical height of a motel on national/state        context clause 2.11 of BBIs may be referred.
       highway?        Please     furnish      certified
       documentary proof of the same
2.     What is the meaning of clause no. 2.11of            The meaning of clause 2.11 of BBIs-1983 is
       Delhi Building Bye Laws-1983 for measuring          well defined in detail in the BBIs .However
       vertical height of building in delhi?               clarification is not covered under RTI Act
3.     If any kind of ramp is constructed from             This is a clarification, which does not come
       ground level to basement for parking of             under RTI Act.

vehicle, fire tenders & for handicapped in
basement & if the ramp is constructed within
building line where the ramp is not under the
green belt area or set back area. Is it contrary
to Delhi Building Bye Laws? If yes, please
furnish the certified copies of the same.

4. Please intimate the Name, Address & Shri Sanjay Jain , Chief Engineer-V,MCD
Telephone No. of the First Appellate (First Appellate Authority),Asaf Ali Road,
Authority. Underground Car Parking, Opposite LNJP
Hospital, New Delhi.

Grounds for the First Appeal:

Unsatisfactory information provided by the PIO.

Page 1 of 2

Order of the First Appellate Authority (FAA):
The appeal had been disposed off.

Grounds for the Second Appeal:

Unsatisfactory information provided by the PIO and unfair disposal of the appeal by the FAA.

Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent;

Respondent: Mr. Sanjay Yadav, Executive Engineer on behalf of Mr. R. K. Sharma, Public Information
Officer & Superintending Engineer (B) (HQ);

The respondent states that all the information as per records has been provided and this appears to
be correct.

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
17 August 2010
(In any correspondence on this decision, mention the complete decision number.)(VN)

Page 2 of 2