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Decision No. CIC/SG/A/2010/001503/9034
Appeal No. CIC/SG/A/2010/001503
Relevant Facts
emerging from the Appeal
Appellant : Mr. Inder Pal Kalra
S/o O.P. Kalra,
3141, Ram Bazaar, Mori Gate,
Delhi-06.
Respondent : Mr. Sushil Kumar
Public Information Officer & S.E.
Municipal Corporation of Delhi
City Zone, M.U.L.G. Car Parking,
Asaf Ali Road, Delhi.
RTI application filed on : 02/03/2010
PIO replied : 12/05/2010
First appeal filed on : 03/05/2010
First Appellate Authority order : 01/06/2010
Second Appeal received on : 02/06/2010
The appellant had filed a complaint about illegal construction at Property no. 180-186, Tilak Bazaar,
Khari Boali, Chandni Chowk, Delhi-06 on 01/03/2010 to the Executive Engineer City Zone .
Sl. Information Sought Reply of the PIO
1. Certified copies of the permission granted by MCD (CZ) to the No permission had been granted.
owner of Property no. 180-186, Tilak Bazaar, Khari Boali,
Chandni Chowk, Delhi-06, for allowing the illegal construction to
be carried out. If not, then the reasons for the same.
2. Certified copies of the approved site plan of the above mentioned No plan had been approved.
property in respect of the illegal construction being carried out on
the said property. If not, then the reasons for the same.
3. Certified copies of the On Site Verification Report prepared by No such Report was available.
MCD (CZ) in respect of the illegal construction being carried out
on the said property. If not, then the reasons for the same.
4. Certified copies of the Action Taken Report prepared by Copy was enclosed.
MCD(CZ) in respect of the illegal construction being carried out
on the said property. If not, then the reasons for the same.
5. Certified copy of the File Notings prepared by MCD(CZ) in File had been submitted in the
respect of the illegal construction being carried out on the said Hon’ble ATMCD.
property. If not, then the reasons for the same.
6. Certified copies of the Direction received by MCD (CZ) in No such directions were issued.
respect of the illegal construction being carried out on the said
property. If not, then the reasons for the same.
7. Certified copies of the Direction given by MCD (CZ) in respect of As. Above.
the illegal construction being carried out on the said property. If
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not, then the reasons for the same.
8. Certified copies of the Show cause notice given by MCD (CZ) to Show Cause Notice had been
the owners in respect of the illegal construction being carried out issued and the file had been
on the said property. If not, then the reasons for the same. submitted in the Hon’ble
ATMCD.
9. Certified copies of the Notice/Information received from the The said property did not lie
concerned P.S. Kashmere Gate by MCD (CZ) in respect of the under the jurisdiction of P.S.
illegal construction being carried out on the said property. If not, Kashmere Gate.
then the reasons for the same.
10 Name and designation of all the officers of the MCD(CZ) in No unauthorized construction
. whose jurisdiction the illegal construction is being done. has been carried out in the
jurisdiction of any officer.
11 Certified copies of the Action Taken Report prepared by J.E. and Copy was enclosed.
. A.E., MCD (CZ) in whose jurisdiction the illegal construction is
being done.
Grounds for the First Appeal:
Unsatisfactory information was provided by the PIO.
Order of the First Appellate Authority (FAA):
The PIO was directed to provide the complete information to the Appellant within 7 days.
Grounds for the Second Appeal:
Non-compliance of the FAA’s order.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Inder Pal Kalra;
Respondent: Mr. Sushil Kumar, Public Information Officer & S.E.;
The PIO has given certain information but is now directed to give the following clarification;
1- Query-3: The PIO has stated that there was no on-site verification report available.
Subsequently he had stated that he is enclosing it. The PIO states that no on-site verification
report available but he has enclosed the demolition action taken report.
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
18 August 2010
(In any correspondence on this decision, mention the complete decision number.)(ND)
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