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Decision No. CIC/SG/A/2010/001217/8349
Appeal No. CIC/SG/A/2010/001217
Relevant Facts
emerging from the Appeal
Appellant : Mr. Rajinder Pal Singh,
S/o Capt. (Dr.) Jaswant Singh,
B-55, Defence Colony,
New Delhi- 110024.
Respondent : Mr. R. Prasad
Public Information Officer & S.E. CLZ
Municipal Corporation of Delhi,
16, Rajpur Road, Civil Lines Zone,
Delhi- 54.
RTI application filed on : 25/01/2010
PIO replied : 17/02/2010
First appeal filed on : 24/02/2010
First Appellate Authority Ordered on : 24/03/2010
Second Appeal received on : 07/05/2010
S.No. Information Sought Reply of the PIO
1. Whether construction in Municipal premises No. 1, Gali No. 18, 41, NO
Foota Road, Holi Chowk, A-42, Block, West Sant Nagat, Burari is in
accordance with the DMC Act and the Building Bye Laws and the
rules framed there under.
2. Whether it is in knowledge of JE, EE and SEof the Building No plan has been
Department of the above Zone that such construction is being carried sanctioned by M.C.D.
out in the premises stated herein above.
3. Whether any site plan has been granted to the occupiers/builders who Same as above.
are carrying out such construction using sub-standard quality
materials and encroaching upon public/Govt. land by such
construction.
4. Whether it is not the statutory obligation of MCD to see that illegal Same as above.
and unauthorized construction be prevented.
5. Action taken till date by authorities to prevent such illegal As per record booking
construction whereby construction is going on and information is also of property is not
sought by applicant to see the nature of construction and to comply standard.
with information of action taken.
Grounds for the First Appeal:
Unsatisfactory and misleading information furnished by the PIO.
Order of the First Appellate Authority (FAA):
The grievance of the appellant being against the department for not taking action against the property in
question; PIO, Building Department had been given notice of the same and was directed to get the property
inspected and take action as per DMC Act.
Grounds for the Second Appeal:
The PIO willfully disobeyed the order of the FAA by neither inspecting the property in question nor taking
any action as per the DMC Act..
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Rajinder Pal Singh;
Respondent : Mr. A. K. Mittal, AE(B) on behalf of Mr. R. Prasad, Public Information Officer & S.E. CLZ;
The FAA had directed the PIO to get the property inspected and take action. The Appellate Authority
had passed an order on 24/03/2010. It is evident from the application filed by the appellant that he was
drawing attention to an illegal building being constructed. It is apparent that the MCD officers did not want
to stop this and hence did not take any action after the order of the FAA. Only after the notice of hearing was
issued by the Commission the MCD officers have booked the said property on 26/05/2010 and informed the
appellant about this on 04/06/2010. The appellant alleges that this is rest to show something on paper that the
MCD officers are colluding with those who make illegal buildings and encroachments. Having observed a
number of such instances the Commission understand the agony being felt by a law abiding citizens who is
faced by MCD officers who thwart all attempts to make the rule of law prevail.
The Respondent states that the officer responsible for not following the order of the First Appellate
Authority are Mr. Jitender Panchal, JE and Mr. A. K. Mittal, AE(B);
Decision:
The Appeal is allowed.
The information appears to have been provided.
The issue before the Commission is of not supplying the complete, required information by the deemed
PIO Mr. Jitender Panchal, JE and Mr. A. K. Mittal, AE(B)within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed PIOs are 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. It appears that the deemed PIOs actions attract the penal provisions of
Section 20 (1). A showcause notice is being issued to them, and they are directed give their reasons to the
Commission to show cause why penalty should not be levied on them.
They will present themselves before the Commission at the above address on 28 July 2010 at 12.00pm
alongwith their written submissions showing cause why penalty should not be imposed on them as mandated
under Section 20 (1). They will also submit proof of having given 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
30 June 2010
(In any correspondence on this decision, mention the complete decision number.)(SC)