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Decision No. CIC/SG/A/2010/003154/10601
Appeal No. CIC/SG/A/2010/003154
Relevant Facts emerging from the Appeal
Appellant : Mr. Vishal Narula,
H.No. 13/86, Old Talwandi Road,
Zira District Ferozepur, 142047
Punjab.
Respondent : Mr. K. C. Meena
Public Information Officer & Superintending Engineer-II
(West Zone),
Municipal Corporation of Delhi,
Vishal Enclave, Rajouri Garden,
New Delhi.
RTI application filed on : 17/08/2010
PIO replied : 09/09/2010
First appeal filed on : 15/09/2010
First Appellate Authority order : 29/10/2010
Second Appeal received on : 10/1102010
Information Sought:
The Appellant had sought information on two accounts:
1) Provide copy of the demolition notice issued against the report made by JE (B) WZ & AE (B) WZ
dated 17/04/2009.
2) Reason for not taking any demolition action against illegal construction booked by MCD WZ
Monitoring Committee dated 06/04/2009.
3) As per file no. D-1195/EE(B)/WZ/09 dated 21/07/2009:
i) Copy of affidavit submitted by Dyal chand regarding regularization file submitted as on
14/07/2009 to MCD WZ.
ii) Copy of structural stability certificate along with affidavit submitted by Dyal Chand
regarding (i).
4) Photographs of the property from 3 different angles as required by law.
Reply of the Public Information Officer:
In response to query no 1, the PIO asked the Appellant to deposit the requisite fee @ ` 2/- document. The
second query did not come under the provision of RTI Act, 2005. The third query pertained to third party
hence it could not be given.
.
Grounds for the First Appeal:
Unsatisfactory and incomplete information furnished by the PIO.
Order of the First Appellate Authority (FAA):
The PIO had been ordered to give an affidavit to the Appellant.
Grounds for the Second Appeal:
The Appellant is aggrieved with the orders passed by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Vishal Narula,
Respondent : Mr. K. C. Meena, Public Information Officer & SE-II (West Zone),
The PIO has provided the information but is now asked to clarify the exact location where the
demolition action was taken and whether it is the same as the unauthorized construction booked earlier.
The PIO is also directed to confirm whether the photographs of the property under regularization
submitted Mr. Dyal Chand as sought at query-04 are available in the file. If the photographs are available
copies will be provided. If no photographs are available this should be stated. The Appellant after
inspection of the relevant files has obtained “Structural Safety Certificates” signed by Mr. M. S. Tomar,
Structural Engineer. The Appellant states that there was no “Structural Stability Certificate” in the file. If
there is any “Structural Stability Certificate” in the file the PIO will provide a copy to the Appellant. If
there is no “Structural Stability Certificate” this should be stated.
Decision:
The Appeal is allowed.
The PIO is directed to give the information as directed above to the Appellant before
15 January 2011.
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
23 December 2010
(In any correspondence on this decision, mention the complete decision number.) (PBR)