Central Information Commission Judgements

Mr.Parmanand Sharma vs Mcd, Gnct Delhi on 12 July, 2011

Central Information Commission
Mr.Parmanand Sharma vs Mcd, Gnct Delhi on 12 July, 2011
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                            Decision No. CIC/SG/A/2011/001420/13404
                                                                    Appeal No. CIC/SG/A/2011/001420
Relevant facts emerging from the Appeal:

Appellant                            :      Mr. Parmanand Sharma
                                            Vill & PO-Rasoolpur Rithori
                                            Distt-Bulandshahr
                                            Uttar Pradesh-203202

Respondent                           :      Mr. Navin Verma,
                                            PIO (Central Zone) & SE-II,
                                            Central Zone MCD,
                                            Shiv mandir Marg, Near Jal Sadan,
                                            Lajpatnagar-1, New Delhi-110024

RTI application filed on              :      10/02/2011
PIO replied on                        :      10/03/2011
First Appeal filed on                 :      23/03/2011
First Appellate Authority order on :         20/04/2011
Second Appeal received on             :      25/05/2011
 SL.                     Query                                          Reply of PIO
1.     How many Properties are under As per record, requisite list is not available with the
       construction in the Okhla Industrial department in complied/material form. However ,the
       Area(Phase-1,2 & Phase-3)currently. Appellant can inspect relevant available records this
       Please provide the full information with regard at 11.00 a.m with prior intimation in this regard, as
       list.                                     per the provision of RTI Act-2005.
2.     Whether the permission of above Information sought through this query relates to Building
       properties has taken from the building Department(HQ) for which RTI application has already
       department. If yes then please provide been transferred to them.
       photocopy of the same.
3.     Whether the construction of above Future course of action does not come under the purview
       properties      are     authorized     or of RTI Act-2005 u/s 2(f) of the RTI Act-2005 as only
       unauthorized. If unauthorized then what such information can be provided under the provisions of
       is     the     further    planning     of RTIbAct-2005 which is available with the department in a
       demolition/booking of same properties. material form. However details of booking of
       Please provide the full information with unauthorized construction and deviations, noticed ,if any
       time limitation.                          is available on the website of MCD i.e
                                                 www.mcdonline.gov.in
4.     Whether      construction    of    above Details of booking of unauthorized construction and
       properties are running as per standard of deviations, noticed,if any is available on the website of
       building department or not. Please MCD i.e mcdonline.gov.in. However Appellant can
       provide full information.                 inspect relevant available record in this regard at 11.00
                                                 a.m with prior intimation in this regard as per provisions
                                                 of RTI Act-2005.
5.     If the construction of above properties The details of completion certificate issued by this office
       are running according to standard of is also on the above mentioned website of MCD.
       building department. Then how many However, copies of the same cannot be provided to the
       Completion Certificate(C.C) has been appellant being third party involvement under section 8(j)
           given to how many properties. Please                           of the RTI Act-2005.
          provide the photocopies and full
          information to the Appellant.
6.        What action expected against concerned                         Future course of action does not come under the purview
          junior Engineer, Asst. Engineer and                            of RTI Act-2005 under section 2(f) of the RTI Act-2005
          Executive Engineer for the authorize                           which is available with the department in a material form.
          constructions in the area. Please provide
          the time limitation for the same.
7.        Please provide the Appellant the contact
                                               As per record,Shri B.S.Gupta,Shri Muzaffer Naeem and
          no. of J.E,A.E and EX.EN concerned   Shri Shadab Alam.JE are assigned to look after the
          for the construction of above properties
                                               building activities in Okhla Phase-1,Okhla Phase-2,Okhla
          in Okhla Phase 1,2 &3.               Phase-3 respectively. Accordingly there official Mob.
                                               Phone numbers are 9717788165, 9717787968,
                                               9650798702.
8.        If plan is passed from the concerned As stated in reply to Query No.2.
          department for the construction of
          above properties, Kindly provide the
          photocopy of the plans.

Grounds for the First Appeal:
Reply of the PIO was neither complete nor satisfactory

Order of the First Appellate Authority (FAA):
The FAA directed the PIO to provide proper link at MCD's website to access the requisite information
and telephone nos. of the officials as per asked by the Appellant. Appeal disposed.

Ground of the Second Appeal:
Information furnished by the PIO, not satisfactory.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Parmanand Sharma;

Respondent: Mr. Navin Verma, PIO (Central Zone) & SE-II; Mr. Dinesh Kalra, AE(B) Head Quarter;

The PIO has provided the information available as per records. The appellant would like to inspect
the relevant records on 22 and 25 July 2011 from 02.00PM onwards at the Office of Building Department
Central Zone and Press Building Town Hall respectively.

Decision:

The Appeal is allowed.

The PIOs of Central Zone and Head Quarter are directed to facilitate an inspection
of the relevant records by the Appellant on 22 and 25 July 2011 from 02.00PM
respectively. They will give attested photocopies of records which the appellant wants free
of cost up each upto 100 pages.

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
12 July 2011
(In any correspondence on this decision, mention the complete decision number.) (SB)