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Decision No. CIC/SG/A/2010/001211/8147
Appeal No. CIC/SG/A/2010/001211
Relevant Facts
emerging from the Appeal
Appellant : Mr. Chirag Saini
4447, Arya Pura,
Sabzi Mandi, Ghanta Ghar
Delhi-110007
Respondent : Dr. R. K. Rawat
Public Information Officer & DHO
Municipal Corporation of Delhi
(Health Department)
Sadar Paharganj Zone,
Idgah Road, Delhi
RTI application filed on : 11/01/2010
PIO replied : 18/02/2010
First appeal filed on : 15/02/2010
First Appellate Authority order : 23/04/2010
Second Appeal received on : 07/05/2010
Information Sought: Public Information Officer’s (PIO) reply:
i) Whether occupation of Govt. land by Mr. Anil Painter The department regularly picks up any goods
and Mr. Prem Vadhva beyond the sanctioned limit is of the hotel found outside the hotel premises.
legal.
ii) Whether the department will take any action against The hotel is inspected by the department from
the hotel being run from property No.1981, Shivaji time to time. MCD is not responsible for food
Road, Azad Market ,Delhi for using sub standard food sample testing.
materials.
iii) Whether the department has been bribed by the The allegations are baseless.
owners of the hotel to play with peoples’ health and
occupy Gov. land illegally.
iv) Copy of the F.I.R. filed, if any, against the said hotel The necessary action would be taken by the
for illegal occupation of the government land. If no department.
F.I.R. was filed the reason for the same.
v) Date by which action would be taken against Mr. Anil The said information has been provided in the
Painter and Mr. Prem Vadhva. answers to the above queries.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA found that the required information had been provided to the Appellant vide letter
dated 18/02/2010 and accordingly the appeal was disposed off.
Grounds for the Second Appeal:
Unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Chirag Saini;
Respondent: Dr. R. K. Rawat, Public Information Officer & DHO;
The appellant’s queries 1, 2, 3 & 5 do not seek information as defined under Section 2(f)
of the RTI Act. However, query-4 certainly seeks information and the PIO is directed to provide
a copy of FIR if it has been filed;- if no FIR has been filed this should be stated.
The PIO has taken action against illegal encroachment on 15/06/2010 and has brought the
photographs after having taken the action. The appellant has brought photographs which were
taken today morning which show that the encroachment has been done again. This shows that
encroachers and law operators have no respect for the rule of law.
Decision:
The Appeal is partially allowed.
The PIO is directed to give the information as described above to the
appellant before 25 June 2010.
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
16 June 2010
(In any correspondence on this decision, mention the complete decision number.)(AG)