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Decision No. CIC/SG/A/2009/002258/5372
Appeal No. CIC/SG/A/2009/002258
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Lakhendra Singh
307 Lawyers Chamber, Civil Wing,
Tees Hazari, Delhi- 110054.
Respondent : Mr. Dalip Singh
Public Information Officer &
Assistant Commissioner
Municipal Corporation of Delhi,
O/o Asstt. Commissioner ,
West Zone: Rajouri Garden.
Delhi.
RTI application filed on : 25/03/2009
PIO replied : 28/04/2009
First appeal filed on : 22/05/2009
First Appellate Authority order : 06/07/2009
Second Appeal received on : 07/09/2009
S. No Information Sought Reply of the PIO
1. The name, designation and duration The list is available in the office and can
of service of officials including be obtained on any working day.
assistant commissioners posted in
the West Zone of MCD Licensing
Department from 1995 to 2008.
2. The date of removal of two After chalking out monthly encroachment
encroachments in Khajan Basti by removal action, MCD West Zone
the MCD on orders of Delhi High removes temporary encroachment with
Court , writ petition No 357/1995. the help of local police.
3. The name of 2 roads of Mayapuri Same as above.
leading to Khajan Basti which are
free of encroachments.
4. The department of MCD responsible After the encroachment removal drive,
for taking action in case of re- the MCD used to write to SHO
encroachment. concerned to keep a tab in the area to
prevent re-encroachment.
5. The report of action taken to remove Encroachment action is taken from time
encroachments in the areas of to time.
Mayapuri and Khaja Basti.
6. Whether MCD is following the ‘The office complies with the orders of
orders of Delhi High Court of writ the High Court’, writ petition 357/1995.
petition No 357/1995.
7. Copy of letter requisitioning the MCD had demanded police force during
supply of police force and the dates the period 1/1/2007 to 31/12/2008. The
when supply of force could not be copy can be obtained from the office.
arranged.
8. The report and the reasons for not Any encroachment, if found near MCD
removing the encroachments behind school, will be removed during the next
the MCD school. encroachment removal action.
First Appeal:
Unsatisfactory information provided by the PIO.
Order of the FAA:
The FAA directed the PIO to furnish complete information within 15 days.
Ground of the Second Appeal:
Non-compliance of the order of FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Lakhendra Singh;
Respondent : Mr. Dalip Singh, Public Information Officer & Assistant Commissioner;
The PIO is directed to give the flowing information to the Appellant:
1- List of encroachments removed as per the directions of Hon’ble High Court W.P. no.
357/1995. The PIO will give a photocopy of the goods ceased and encroachment
removed permanent as well as temporary until now.
The PO will also give a certificate that it represents the complete list of permanent and temporary
encroachment removed by the department.
Decision:
The Appeal is allowed.
The PIO will give the information mentioned above to the Appellant before 25 November 2009.
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
05 November 2009
(In any correspondence on this decision, mention the complete decision number.)(RR)