Central Information Commission Judgements

Mr.Gurmit Singh Saini vs Mcd, Gnct Delhi on 13 April, 2011

Central Information Commission
Mr.Gurmit Singh Saini vs Mcd, Gnct Delhi on 13 April, 2011
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796

                                                             Decision No. CIC/SG/A/2011/000377/11975
                                                                     Appeal No. CIC/SG/A/2011/000377

Relevant Facts

emerging from the Appeal

Appellant : Mr. Gurmit Singh Saini
House no. 57, (Behind Old Chopal)
Village Dhakka, Delhi 110019

Respondent : Mr. R. Prasad
Public Information Officer & SE (CLZ)
Municipal Corporation of Delhi
O/o the SE Civil Lines Zone
16 Rajpur Road
New Delhi – 110054

RTI application filed on : 23.06.2010
PIO replied : 23.07.2010
First appeal filed on : 27.07.2010
First Appellate Authority order : Not ordered

The appellant has sought information in regarding Property No 396 Parmanand Colony, Delhi
S.No Information sought by the appellant Reply of the PIO

1. Copy of the sanctioned site plan Copy of the sanction plan only given to the
owner by payment of request fees.

2. Whether sanctioned was granted to construction over Question not clear. However sanction plan
hand “Chaglier” has been issued

3. Whether permission was granted to stone the building Not record available in Building Department
material along the side Mata Wala Park in Dhakka Civil Lines Zone.
Village.

4. Whether permission was granted to open a door of Not record available in Building Department
the House towords Mata Wala park on the road Civil Lines Zone.
leading to Village Dhakka Delhi -110009

First Appeal:

The appellant is not satisfied with the PIO reply

Order of the FAA:

The appellant put forth a grievance in the form of an RTI regarding unauthorized construction is
respect of property No.396, Parmanand Colony, Delhi taking into consideration the grievance of the
appellant, Sh. A.K. Mittal who present during the hearing is directed to inspect the property in question
and take all possible actions as per Law.

Ground of the Second Appeal:

No information supplied within the prescribed time period.
Relevant Facts emerging during Hearing:

The following were present
Appellant: Mr. Gurmit Singh Saini;

Respondent: Mr. N. K. Yadav, AE(Civil) on behalf of Mr. R. Prasad, PIO & SE (CLZ);

It appears that the information has been provided to the appellant and the officers are keen to
protect the unauthorized construction. The Respondent has informed the Commission that the order give
by the FAA & Dy. Commissioner Mrs. Kiran Dabral “to inspect the property in question and take all
possible action as per law” has not been implemented. A very specious plea is being taken that this
direction of the Dy. Commissioner was not as per Right to Information. The Commission directs the
present Dy. Commissioner Mr. R. S. Meena to see whether it was necessary to obey the order of the First
Appellate Authority or not. He will inform the Appellant before 10 May 2011 whether Mrs. Kiran
Dabral’s order should have been executed or not.

Decision:

The Appeal is disposed.

The information has been provided.

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
13 April 2011
(In any correspondence on this decision, mention the complete decision number.) (RP)
CC:

To,
Mr. R. S. Meena
Dy. Commissioner & FAA
Municipal Corporation of Delhi
O/o the Dy. Commissioner
16 Rajpur Road
New Delhi – 110054