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Decision No. CIC/SG/A/2010/000541/7468Adjunct
Appeal No. CIC/SG/A/2010/000541
Relevant Facts
emerging from the Appeal:
Appellant : Mr. P.C. Pande
Under Secretary, Govt of India
Ministry of Commerce & Industry
447, Udyog Bhawan
Delhi- 110107.
Respondent : Public Information Officer & SE (HQ),
Municipal Corporation of Delhi,
Town Hall, Chandni Chowk
New Delhi-110006
RTI application filed on : 08/10/2009
PIO replied : 03/11/2009
First appeal filed on : 25/11/2009
First Appellate Authority order : 01/01/2010
Second Appeal received on : 22/02/2010
Date of Notice of Hearing : 17/03/2010
Hearing Held on : 15/04/2010
S.No Information sought Reply of PIO
2. (i) Zone wise complete details of existing & ongoing un- Information is to be provided by all
authorized construction and encroachment of public land on PIO of the Zones to whom the
Delhi as on 30/08/2009 application is being transferred
2. (iii) Action taken by Building (Hq) on receipt of such reports of No such information is available with
unauthorized construction and encroachment of public land Building (Hdq)
from the MCD Zones
3.(iii) Legal sanctity/basis of 'pick and choose policy' being Not information to be provided under
followed by MCD while dealing with unauthorized RTI Act
construction and encroachment of public land. Reasons for not
implementing relevant rules and procedures uniformally
4. (i) Whether the unauthorized construction on which property tax As above
is being paid by a citizen to the MCD can be demolished?
If so, the legal sanctity & authority for collecting property tax
on such U/Cs
4. (ii) If not, the procedure/modus operandi for regularizing such As above
U/C on which property tax is being paid by a citizen
Grounds for First Appeal:
Incomplete and evasive information provided by the PIO.
Order of the FAA:
Regarding para 2 (iii) PIO is directed to provide information within 10 days.
Regarding para 3(iii) information has already been provided by PIO
Regarding para 4(i) the S.E. (Bldg) HQ/PIO is directed to provide information
Regarding para 4(ii) appeal is being forwarded to PIO of the Property Tax Deptt of MCD for providing
requisite information.
Grounds for the Second Appeal:
PIO/SE Bldg (HQ) has not responded to the Orders of FAA.
Relevant Facts emerging during Hearing held on April 15, 2010:
The following were present:
Appellant: Mr. P.C. Pande;
Respondent: Mr. R. K. Gupta, AE(B) on behalf of Mr. R. K. Sharma, PIO & SE(B);
“The PIO has not provided information about “Zone wise complete details of existing & ongoing un-
authorized construction and encroachment of public land on Delhi” but has transferred the RTI
application to 12 PIOs in 12 zones. The PIO realizes that this information could very voluminous and
hence is directed to ensure that this is pup on the website of MCD under its Section-4 obligations. All
the 12 PIOs are directed to ensure that they update this information every week. The PIO is directed to
ensure that this is putup on the website of MCD before 30 May 2010. The PIO is directed to send the
compliance report along with the url address where the information has been uploaded. The same may
also be emailed to rtimonitoring@gmail.com. The Report must include:
1. Measures taken to fulfill disclosure obligations under Section 4 including making
information available on your official website as well as hard copies of the information
at the department’s offices.
2. Measures put in place to ensure regular updating of the information uploaded on the
websites and made available at the offices.
The PIO is directed to provide the following information which is not provided to the appellant:
1- Zone-wise number of bookings of unauthorized constructions.”
Decision dated April 15, 2010:
The Appeal was allowed.
“The PIO is directed to give the information as directed above to the appellant before
30 April 2010.
The PIO is also directed to send the compliance report as directed above to the Commission before
05 June 2010.”
Facts leading to show cause hearing held on December 3, 2010:
The Commission passed an order on 15/04/2010 directing the PIO & SE, MCD (HQ) to provide zone-
wise number of bookings of unauthorized constructions to the Appellant before 30/04/2010. The
Commission received a letter dated 12/05/2010 from the Appellant wherein non- compliance of the
Commission’s order was alleged. By notice dated 04/06/2010, the PIO & SE, MCD (HQ) was directed
to provide the complete information as mentioned in the order dated 15/04/2010 to the Appellant
before 30/06/2010. The Commission received another letter dated 06/09/2010 from the Appellant
wherein it was alleged inter alia that only eight zones had provided the requisite information and that
the remaining four zones had not complied with the order of the Commission. Thereafter by show
cause notice dated 13/10/2010, the PIO & SE, MCD (HQ) was once again directed to provide
information on the number of bookings of unauthorized constructions for the remaining four zones, to
the Appellant before 08/11/2010 and to appear before the Commission on 03/12/2010 for a show cause
hearing.
Relevant facts emerging at the show cause hearing held on December 3, 2010:
The following were present:
Appellant: Mr. P.C. Pande;
Respondent: Mr. R. K. Gupta, AE(B) on behalf of the PIO & SE, MCD (HQ), Mr. S. K. Chauhan,
EE(B), MCD (KB Zone) and Mr. D. K. Taneja, UDA, O/o MCD (SP Zone).
On perusal of the papers and submissions, the Commission noted that 11 out of 12 zones have
uploaded the details of unauthorized constructions booked in the previous five years (approximately).
The Appellant submitted that he was not satisfied with the same. The Appellant clarified that he
required the figures of the total number of unauthorized constructions booked every year- zone wise
since the time from when records of bookings of unauthorized constructions have been maintained by
the MCD.
Adjunct Decision:
The Commission hereby directs the PIO & SE, MCD (HQ) and the PIOs & SEs of all 12 zones of the
MCD to provide the figures of the total number of unauthorized constructions booked every year since
the time from when records of bookings of unauthorized constructions have been maintained by their
respective department to the Appellant before January 17, 2011. Further, where the year for which
the said records have not been maintained or are not available on record, the same shall also be
categorically stated.
The PIO & SE, MCD (HQ) is directed to forward a copy of this order to the PIOs & SEs of all 12
zones of the MCD.
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 the RTI Act.
Shailesh Gandhi
Information Commissioner
December 3, 2010
(In any correspondence on this decision, mention the complete decision number.)(DR)