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Decision No. CIC/SG/A/2011/002041/14360
Appeal No. CIC/SG/A/2011/002041
Relevant facts emerging from the Appeal:
Appellant : Mr. L.C. Gupta,
Gen. Secy., Vikas Resident Wel. Asso.,
C-459, Pkt.-IV, C Block, Vikas Puri,
New Delhi-110018.
Respondent : Mr. K. C. Meena
PIO & Superintending Engineer-II (WZ),
Municipal Corporation of Delhi,
Vishal Enclave, Rajouri Garden,
New Delhi-110018.
RTI application filed on : 29-12-2011
PIO replied on : 11-02-2011
First Appeal filed on : 11-03-2011
First Appellate Authority order of : 27-04-2011.
Second Appeal received on : 27-07-2011
Information Sought & The PIO Reply:
Question No. 1 (a) As to why MCD has not taken any action to demolish the unauthorized portion of
the school building?
PIO Reply:. The query is not covered in the ambit of RTI Act. 2005.
(b) A copy of the aforesaid representation made to MCD by school authorities and the order passed
on the same including the copy of the note sheet may be provided.
PIO Reply: Copy of the same can not be provided to the third party as per RTI rule.
(c). Has MCD initiated/taken any action against the officials of MCD, responsible for allowing
existence of the unauthorized construction after it came to notice?
PIO Reply: There is no such information on record with this office.
Question No.2 Permissible ground coverage for Secondary Schools for a plot area of 1000 Sq. Mt, as
per MPD-2021, may be given.
PIO Reply: Ground coverage 35% FAR 150.
Grounds for the First Appeal:
Unsatisfactory reply was given to the appellant by the PIO.
Order of the First Appellate Authority (FAA):
"The case was taken up on 20-04-2011. The appellant was present. The Ex.En.(B)-II was present.
As per information given by the PIO there is violation of Building Bye Laws by the said school in
question. The Ex. En. (B)-II has been directed to issue show cause notice to the school for taking
appropriate action within 5 days' time"
Ground of the Second Appeal:
Unsatisfactory information had been provided by the PIO.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Absent;
Respondent : Mr. K. C. Meena, PIO & Superintending Engineer-II (WZ);
The FAA had directed the PIO to issue a showcause notice to the school for unauthorized
construction. The PIO states that he has issued the showcause notice as per the order of the FAA. The
Commission directs the PIO to send a copy of the showcause notice and the reply received to the
showcause notice to the Appellant before 05 September 2011.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant
before 05 September 2011.
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
30 August 2011
(In any correspondence on this decision, mention the complete decision number.) (ved)