CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2008/00097/1876penalty
Appeal No. CIC/SG/A/2008/00097
SHOW CAUSE HEARING:
Appellant : Mr. Vinod Kumar,
Section Officer, Directorate of Egg. B (T),
Air Headquarter, Ministry of Defence,
West Block - IV, RK Puram,
New Delhi - 110008.
Respondent 1 : The Executive Engineer (Bldg.) NGZ
& APIO,
Municipal Corporation of Delhi,
Office of the Dy. Commissioner,
2nd Floor, Over Head Water Tank,
Nagafgarh, New Delhi.
RTI application filed on : 22/07/2008
PIO replied : 29/07/2008
First appeal filed on : 26/08/2008
First Appellate Authority order : 17/10/2008
Second Appeal filed on : 07/11/2008
Information Sought:
The Appellant had filed an appeal an application seeking information regarding Construction
of house.
There are total 6 queries asked by the Appellant as under:
1. In hearing of "Note" on page no 6 of notification dated 23-07-1998 (copy enclosed for
ready reference) the following has been mentioned "Levy on the additional FAR to be
allowed vide Notification dated 15-05-1995 including the basement and/or
development charges shall be charged at the @ 450/- per sq mtrs. Or rates as laid
down in the Building Bye-laws or through Govt. orders and as revised from time to
time.
As such, it may kindly be intimated that as on date how much FAR can be
covered/constructed without depositing any betterment/construction/development
charges/levy.
2. Whether the betterment levy is chargeable according to FAR to be covered or the
same is chargeable according to the total area of plot on which the house will be
constructed.
3. A copy of notification dated 15-05-1995 may kindly be provided.
4. Is there any exemption/concession regarding depositing charge/levy to the people
belong to weaker section or society i.e. SC/ST while constructing house.
5. On page 21 of the Gazette of India (Extraordinary) Part-II, Section 3 Sub-Section (ii)
No. 125 dated 07-02-07 (Briefly Known as Master Plan of Delhi - 2021) it has been
mentioned that 567 unauthorized colonies were regularised till October 1993.
A copy of list containing name of these 567 unauthorized regularised colonies may
kindly be provided.
6. It may be intimated as to who can be considered as "Licensed Supervisor" for the
purpose of construction of a house.
The PIO's Reply:
The PIO had transferred the application to the Municipal Corporation of Delhi as the
information sought is more closely connected with the MCD.
But the Appellant has not yet got any reply from the MCD Dept.
First Appellate Authority Ordered:
The First appellate authority ordered that the information must be given in 7 days.
Relevant Facts
emerging during hearing:
Following were present:
Appellant: Mr. Vinod Kumar
Respondent: Mr. Kamal Meena on behalf of Mr.B.K.Gupta PIO
The PIO has got some information which he has given to the appellant.
He will also give a list of unauthorized regularised colonies to the appellant.
Decision dated 20/02/2009:
The Appeal was allowed. The PIO was directed to send the list of unauthorized regularised
colonies to the appellant before 5 March 2009. Further the Commission issued a show cause
notice to the deemed PIOs who were responsible for the delay in providing the information.
They were directed to give their written submissions showing cause why penalty should not
be imposed on them as mandated under Section 20 (1) before 10 March, 2009.
Brief facts leading to the show cause notice:
The Commission received a letter from the Appellant dated 15/07/2009 wherein he alleged
that he had not received the information. Hence the Commission sent a letter dated
29/07/2009 to the deemed PIOs directing them to supply the information to the Appellant
before 17/08/2009 and asking them to show cause why penalty should not be imposed on
them under Section 20(1) of the RI Act. They were directed to present themselves with their
written submissions on 09/09/2009 at 2.30 pm
Relevant facts arising during the show cause hearing held on 09/09/2009:
The following persons were present:
Appellant: Absent
Respondent: Mr. CV Singh, deemed PIO; Mr. Kamal Meena, deemed PIO
They are saying that they were not responsible. They have been asked to come with written
submissions on 11/09/2009 at 2.30p.m.
Relevant facts arising during the show cause hearing held on 11/09/2009:
The following persons were present:
Appellant: Absent
Respondent: Mr. CV Singh, deemed PIO; Mr. Kamal Meena, deemed PIO; Mr. KK Meena
The Commission had ordered that a list of unauthorised regularised colonies was to be
provided to the Appellant before 05/03/2009. Mr. Kamal Meena, deemed PIO, was present
and had personally taken the order with him. The order was not complied with and the
Commission had to issue another reminder on 29/07/2009 after which the information has
been provided to the Appellant on 10/08/2009. There is no reasonable cause being offered
and the deemed PIO Mr. Kamal Meena, AE, is saying that he was not finding it possible to
give the information since the information was with the Building (HQ) and the Town
Planning office. He has been asked to show have any written evidence to show that he had
tried to get this information from Building (HQ) or Town Planning office. He says he has no
such evidence. In view this, the Commission finds this a fit case for levy of penalty on Mr.
Kamal Meena under Section 20(1) of the RTI Act. Since the delay has been over hundred
days, maximum penalty of Rs. 25,000/- is being levied on him.
Decision:
As per the provisions of Section 20 (1), the Commission finds this a fit case for
levying penalty on Mr. Kamal Meena deemed PIO. Since the delay in providing the correct
information has been over 100 days, the Commission is passing an order penalizing Mr.
Kamal Meena, deemed PIO for Rs. 25000/ which is the maximum penalty under the Act.
The Commissioner, Municipal Corporation of Delhi is directed to recover the amount
of Rs.25000/- from the salary of Mr. Kamal Meena deemed PIO, and remit the same by a
demand draft or a Banker’s Cheque in the name of the Pay & Accounts Officer, CAT,
payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and
Deputy Secretary of the Central Information Commission, 2nd Floor, August Kranti Bhawan,
New Delhi – 110066. The amount may be deducted at the rate of Rs.5000/ per month every
month from the salary of Mr. Kamal Meena, deemed PIO and remitted by the 10th of every
month starting from October 2009. The total amount of Rs.25000 /- will be remitted by 10th
of February, 2010.
Shailesh Gandhi
Information Commissioner
11/09/2009
(In any correspondence on this decision, mentioned the complete decision number.)
(AK)
1- Commissioner
Municipal Corporation of Delhi
Town Hall, Delhi- 110006
2. Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi – 110066