CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003561/11189
Appeal No. CIC/SG/A/2010/003561
Relevant Facts
emerging from the Appeal
Appellant : Mr. Harish Kumar,
628/3 Shivaji Road, Pul Mithai,
Delhi- 110006.
Respondent : Public Information Officer &
Superintending Engineer (C)-I
Municipal Corporation Of Delhi,
Office of The Suptdg. Engineer (C)-I,
Central Zone, Lajpat Nagar,
New Delhi-24.
RTI application filed on : 12/10/2010
PIO replied : 16/11/2010
First appeal filed on : 16/11/2010
First Appellate Authority order : 10/12/2010.
Second Appeal received on : 20/12/2010
Sl. Information Sought Reply of the PIO
1. Details of time limit within which a Requisite policy is available on the website of MCD.
Building Plan is sanctioned or rejected However the same can be provided to the applicant on
by the Building Department, Central deposition of Rs 62/- for 31 documents @ Rs 2/- per
Zone. document with the citizen service bureau at house tax
building ring road Lajpat Nagar-III New Delhi and on
submission of cash receipt of the same in this office as
per provisions of RTI Act-2005
2. Specify the time frame within which the Applicant can consult section 337 of the DMC Act for
departmental enquiry or any decision the information sought by him through this point.
has to be taken on the said application,
failing which the application would be
considered sanctioned on its own.
3. Specify the measurement of the As per Office Order, mentioned in the reply of point
Residential & Commercial Properties of No.1 above, building plans for residential use upto 400
the Building Plan that are sanctioned. sq. Yards are sanctioned by the zonal building
departments.
4. Provide the total number of sanctions Information with regard to sanction of building plans,
that have been made from 01.01.2001 to sanctioned by the building department, is available on
06.10.2010, and provide other details the website of MCD. Rest of the information sought by
like plans etc. the applicant through this point is not available with
this office in compiled form. However applicant can
inspect relevant available record in this office at 11 am
on any working day with prior intimation in this regard,
as per provisions of RTI Act-2005
5. Furnish information regarding the issue As per record this office does not issue B-1 Form. Rest
of the B-1 form, and provide photo copy of the information sought by the applicant is not
of them. applicable in view of the reply furnished in this point.
6. Provide the number of issued B-2 Form As per record, this office has issued 918 numbers of B-
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provide photo copy of the above, 2 Form. Copies of the above can be provided on
provide the action that would be taken if deposition of Rs 1836 for 918 documents on
someone starts building without havin submission of cash receipt.
the B-2 form.
7. Furnish the details regarding Details of unauthorized construction booked by this
unauthorized construction. office is available on website of MCD. Rest of the
information sought through this point is not available
with this office in material form.
8. Provide action which can be taken Action against unauthorized construction is taken under
against someone involved in various provisions of DMC Act such as 343, 344, 345
unauthorized construction. etc. Details are not available with this office in
compiled form. However copies of the register can be
provided on deposit of RS 3678 for 1839 documents
with the citizen bureau of house tax building.
9. Provide information regarding Section What is sought by the applicant through first part of
336. this point does not come under the domain of
information as per clause 2(f) of the RTI Act-2005.
However details of booking of unauthorized
construction, in respect of Building Department central
zone is available on the website of MCD. Rest of the
information sought through this point is not available
with this office on record in material form.
10. Provide details on the test check report Requisite test check report sought by the applicant
and the completion certificates. through this point is not available with this office on
record separately. Details of completion certificate is
available on the website of MCD.
11. Provide details on test check and Information sought through this point is not available
occupancy certificate. with this office on record.
12. Provide the name address of the -do-
property holder since 01.01.2001 to
06.10.2010 and the authority.
First Appeal:
The information was not provided within the 30 days time period.
Order of the FAA:
Representative of the PIO informed that as the RTI application was submitted in City Zone and
transferred to Central Zone, the information provided is within the prescribed period i.e 30 days and 5
days for the transfer of the application. Accordingly the appeal is disposed off.
Ground of the Second Appeal:
The Appellant is aggrieved that the order by the first Appellate Authority.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Harish Kumar;
Respondent : Absent;
The Appellant states that he had filed the RTI Application on 12/10/2010. The PIO has sent a
letter on 16/11/2010 asking the Appellant to pay the additional fees. Since the Appellant has given his
application on 12/10/2010 to the Town Hall Office the Commission accepts that including five days for
the transfer of the RTI application the PIO gets a total time period of 35 days to provide the information.
In the instant case the PIO has sent a letter to the Appellant for his RTI application on 12/10/2010 on
16/11/2010 after a period of exact 35 days. This means that when the additional fees are paid by the
Appellant the PIO will have to provide the information on the same day to the Appellant. If however,
there is any delay in providing the information the PIO will have to refund the amount.
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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
31 January 2011
(In any correspondence on this decision, mention the complete decision number.) (SM)
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