CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000977/10154
Appeal No. CIC/SG/C/2010/000977
Relevant Facts
emerging from the Appeal:
Complainant : Dr. Gian Singh
C-585, Sangam Vihar,
New Delhi - 110062.
Respondent : Mrs. Juhi Mukherjee
Public Information Officer &
Sub-Divisional Magistrate
Govt. of NCT of Delhi
Old Tehsil Building, Mehrauli,
New Delhi.
RTI application filed on : Not filed
Complaint filed on : 13/05/2010
Complaint received on : 13/05/2010
Hearing notice sent on : 21/10/2010
Hearing held on : 25/11/2010
The Complainant had complained that his life is in danger because he had filed RTI Application on
08/05/2010. In this regard a FIR was also registered with Sangam Vihar Police Station, South East District
on 08/05/2010.
Relevant Facts emerging during Hearing:
The following were present:
Complainant: Dr. Gian Singh;
Respondent: Mr. Nitin Panigrahi, Tehsildar on behalf of Mrs. Juhi Mukherjee Public Information Officer &
Sub-Divisional Magistrate; Mr. Pravesh Ranjan Jha, SDM (Defence Colony/ Head Quarter District South);
The Complainant has been complaining about six illegal tube-wells and trying to draw the attention
of the authorities about these through complaints and RTI applications. In this complaint made to the
Commission he has alleged that Mr. Pappu Meena, Halka Patwari of SDM(Hauz Khas) had a meeting with
illegal tube-well owners and disclosed his applications and complaints to them. When the Complainant
came to know about this he felt threatened by the tube-well owners and hence filed a complaint with
SDM(Hauz Khas), Dy. Commissioner (South) and SDM(HQ) on 04/05/2010. He also shows that he filed a
complaint with the SHO at Sangam Vihar Police Station on 07/05/2010. He states that after all this, his
house was attacked on 08/05/2010 and FIR no. 154 was registered by Police Station (Sangam Vihar). The
Complainant states that some persons were arrested in this are now out on bail and are continuing the illegal
tube-wells.
The Dy. Commissioner (South) Mr. Vivek Pandey has recorded that illegal bore-wells are in existence but
he appears to be reluctant to take action unless he gets confirmation from Delhi Jal Board about their ability
to provide water supply in the area. The Respondents have also produced before the Commission a letter
written by SDM(Hauz Khas) to DJB asking whether DJB could assure water supply to the locality. DJB has
written to the SDM(Hauz Khas) on 12/10/2010 that they are in a position to provide water supply in the area
and that the SDM(Hauz Khas) “may take action against the illegal operation of tube-wells in C&F Block,
Sangam Vihar to save the drastic depletion of the ground water table and existing DJB bore-wells.” The
Respondents state that a visit to the area has revealed that the operators of the illegal bore-wells have the
capability of creating disturbances if the illegal bore-wells are stopped. It is a matter of shame that when a
citizen tells the Government about the illegal actions the Government acknowledges that the illegal actions
continue but is unable to stop the illegal activities. The Respondent Mr. Nitin Panigrahi states that when he
spoke to the SHO (Sangam Vihar) on 23/11/2010 and two of his Naib Tehsildars visited the Police Station
to get Police Force to shut down the illegal tube-wells, the SHO said that he was not in a position to provide
adequate security and therefore wanted the SDM to write to the DCP(South East) to provide enough police
force.
The entire narrative displays a complete absence of governance in the capital of our Country. A citizen
complains about an illegal operation of tube-wells, the SDM and the Dy. Commissioner accept that these
illegal tube-wells are in operation, but together with the police they state that they are unable to stop the
illegal activity. Worst still, the citizen who draws the attention of the State Police to these illegal activities is
attacked and the State is unable even to protect him. Neither the Executive Magistrates nor the Police can do
anything about this. The Respondent states that as Executive Magistrates they are unable to get the police to
obey their orders when required.
Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may
harm him personally but the injury to society is far more grievous. Crime and corruption thrive and prosper
in the society due to lack of public resistance. Nothing is more damaging than the feeling of helplessness.
An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning
in offices instead of standing against it. This Commission is sending a copy of this order to the Chief
Minister, Lt. Governor (Delhi) and the Police Commissioner of Delhi hoping that they will take some action
to ensure protection to citizens and find a way whereby Executive Magistrates can function effectively. The
Information Commission is recommending to all authorities to take actions to strengthen the rule of law.
Decision:
The Complaint is allowed.
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
25 November 2010
(For any further correspondence in this matter, please quote the file number mentioned above.) (GJ)
CC:
To,
1- Chief Minister 2- Lt. Governor (Delhi)
Govt. of NCT of Delhi Govt. of NCT of Delhi
Lt. Governor's Secretariat
Raj Niwas, Delhi - 110054.
3rd Level, A-wing,
Delhi Secretariat, I.P. Estate,
New Delhi - 110002
3- Police Commissioner (Delhi)
Delhi Police
Police Headquarters
MSO Building, New Delhi 110002