CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001946/9253
Appeal No. CIC/SG/A/2010/001946
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Vinod Kumar Maini
K- 7 A, Kailash Colony,
New Delhi - 110048.
Respondent : Mr. Rajendra Prasad
Public Information Officer & SE
Municipal Corporation of Delhi
Office of Superintending Engineer
(Civil Lines Zone)
Zonal Office Building,
16, Raj Pur Road, Delhi- 54.
RTI application filed on : 13/05/2010
PIO replied : 17/06/2010
First appeal filed on : 17/06/2010
First Appellate Authority order : 22/06/2010
Second Appeal received on : 12/07/2010
Sl. Information Sought Reply of the PIO
1. On receipt of information from the Appellant about illegal structure, Yes
has the department deputed any official to survey the house/flat or Mr.
Subhash Sethi, who on his duplex
Flat has constructed/ Built illegal rooms.
2. Has that official conformed the existence/ construction of one more As per UC file No. 119/C-
flat on roof of 2nd floor duplex flat No. 118? 10/B/UC/CLZ/2010 dated
16/06/2010
3. How many rooms have been constructed illegally? As Above.
4. Has that official confirmed that Mr. Sethi using the common space As Above.
allotted to other residents including mine
5. H as he taken the appellant’s water tanks to his illegally constructed No information.
flat. Roof?
6. Has that official confirmed as to which month in the year of 2008, he As Above.
constructed illegally on the 3rd floor of his duplex flat?
7. Which official was in charge of the mall apartment’s area in the year Specific period not mentioned.
2008, when he constructed illegally?
8. What is the frequency of the official to check the illegal construction No information available in O/o
in a year in Mall Apartments? EE(B)/ CLZ
9. Has the official reported the illegal construction by Mr. Sethi since he As per UC file No. 119/C-
built that illegal flat in 2008? 10/B/UC/CLZ/2010 dated
16/06/2010
10. Does the request/ information for demolition of filed and no action is Action if any warranted, will be
taken even if the information is found correct? taken as per policy.
11. Have you got tested the strength of insisting Structure of the building It is a clarification not
Ii is information.
Would be able to bear load of illegal constructed additional flat?
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When? Photostat copy of report may be supplied.
12. Who will be held responsible if existing structure collapses? No information available.
13. What is the procedure followed by MCD officers for demolition of Action taken as per DMC Act.
Illegal structure built by Mr. Sethi?
14. Please supply Photostat copies of different sections of MCD Act/Laws Available in public domain.
available dealing with demolition of illegal structures?
15. Has the FIR been filed with the Police Station, Timarpur for his illegal No information available as per
construction on encroached common place of others? When? record.
16. Has in charge CL Zone got discretionary powers not to demolish Action taken as per DMC Act
illegal structures on encroached common land area of others i.e. to a 1957.
person like Mr. Sethi?
17. Please supply Photostat Copies of such laws which give discretionary Available in public domain.
powers to in charge for not demolishing illegal structure.
18. Is Mr. Sethi so powerful that in charge, CLZ has not been able to take No information available as per
action for the demolition of illegal structure so far? record
19. What are the other reasons for not taking any actions for demolition of It is a clarification not
this illegal structure so far? information.
20. When will the water tank be brought down to the original place after It is a query & not information.
demolition of the illegal structure?
21. Has any notice been sent to Mr. Sethi asking him to demolish the A Showcause notice sent to the
illegal structure within a certain period? In how many days? owner & action will be taken as
per DMC Act.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO
Order of the First Appellate Authority (FAA):
PIO is directed to provide the complete information to the appellant within ten days from the date of the
issuance of the order.
Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Vinod Kumar Maini;
Respondent: Mr. Harjit Singh, JE on behalf of Mr. Rajendra Prasad, Public Information Officer & SE;
The respondent has provided the information available as per the records. It is evident that the
public authority had taken no action on the illegal construction but has acted only consequent to the RTI
application filed by the appellant.
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
07 September 2010
(In any correspondence on this decision, mention the complete decision number.)(YM)
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