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Decision No. CIC/SG/A/2011/000439/12111
Appeal No. CIC/SG/A/2011/000439
Relevant Facts
emerging from the Appeal:
Appellant : Mr. R H Bansal
A-59, Vijay Vihar Phase-II,
Rohini, Delhi-110085
Mb. No. - 9
Respondent : Mr. M. P. Gupta
PIO & SE-II
Municipal Corporation of Delhi
O/o the SE -II Rohini Zone,
Sector V, Delhi - 110085
RTI application filed on : 25/09/2010
PIO replied : 10/11/2010
First appeal filed on : 23/11/2010
FAA's order : Not mentioned.
Notice of Hearing sent on : 28/03/2011
Hearing held on : 25/04/2011
Facts of the issue:
Information regarding the following was sought by the applicant:
1) whether mobile towers should be placed on the roofs of the school and hospitals and is it legal
to do so?
2) How many towers have been placed on the roofs of the school and hospitals in Rohini Zone,
provide the complete information?
3) How many illegal towers have been placed in the Rohini Zone. Also provide the information
whether any investigation has been made against the same?
PIO’s reply:
1. Mobile towers cannot put on the roofs of schools and hospitals.
2. This information is voluminous. You can come and inspect the records.
3. Same as above.
First Appeal:
Reply was unsatisfactory
FAA’s order:
Not mentioned.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. R H Bansal;
Respondent: Mr. O. P. Gupta, AE-II on behalf of Mr. M. P. Gupta, PIO & SE-II;
The Appellant had sought information about the existence of illegal mobile cell phone towers
on the roofs of schools and hospitals. The PIO has informed the appellant that this is illegal but has
also admitted that there are some schools over which such towers are in existence. The PIO has stated
that there are three schools as per records on whose roofs mobile towers are in existence. The
Appellant claims that there are about 17 schools and various hospitals in Rohini Zone. The Appellant
states that this is a very hazardous situation and also a violation of child rights. The appellant and the
respondent are willing to do a joint inspection to identify these.
The PIO is directed to conduct a joint inspection of mobile towers on schools and hospitals with the
appellant on 16 May 2011 from 11.00AM onwards. They will meet at the office of the PIO.
Decision:
The appeal is allowed.
The Appellant and the Respondent Mr. O. P. Gupta will conduct the joint
inspection and note the existence of mobile towers over schools and hospitals. Both will
make a joint inspection report signed by both parties and a copy of the report will be
kept by each.
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
25 April 2011
(In any correspondence on this decision, mention the complete decision number.) (RJ)