Central Information Commission Judgements

Dr.Man Mohan Gulati vs Municipal Corporation Of Delhi on 17 April, 2009

Central Information Commission
Dr.Man Mohan Gulati vs Municipal Corporation Of Delhi on 17 April, 2009
                CENTRAL INFORMATION COMMISSION
                       Room No. 415, 4th Floor,
                     Block IV, Old JNU Campus,
                         New Delhi -110067
                        Tel: + 91 11 26161796

                                            Decision No. CIC /SG/A/2009/000240/2778
                                                   Appeal No. CIC/ SG/A/2009/000240

    Relevant Facts

emerging from the Appeal:

   Appellant                         :      Dr.Man Mohan Gulati
                                            115-A, SFS, DDA Flats,
                                            Gulabi Bagh,
                                            Delhi-110007.

   Respondent                        :      Supdtt. Engineer &
                                            PIO
                                            Municipal Corporation of Delhi
                                            Sadar Pahar Ganj Zone,

Idgah Road, Opp. Thana Sadar Bazar,
Delhi-110006.


   RTI application filed on          :      30/05/2008
   PIO replied                       :      Not replied
   First Appeal filed on             :      14/07/2008
   First Appellate Authority order   :      29/07/2008
   Second Appeal filed on            :      07/02/2009

Information sought:-

The Appellant had requested for details of properties booked for unauthorized
construction as under:-

i) Circumstances which made The Deputy Commissioner, MCD, S.P.

Zone, to visit to DDA Colony Gulabi Bagh, during the period
February – March, 2008.

ii) Date and time of visit of the DC and his entourage in Gulabi Bagh,
DDA Colony.

iii) Names of the Deputy Commissioner (MCD, S.P. Zone), and that of
designated officials who accompanied the DC during his visit to
the DDA Colony (Gulabi Bagh).

iv) Copy of the inspection report prepared after the visit by the DC on
his findings on the prevailing conditions in the colony.

v) Nature of illegal/unauthorized constructions as noticed and
recorded.

vi) Detail reforms and actions recommended to restructure illegal
additions/alteration to meet the provision of law to avoid
demolition.

vii) Detail recommendations and actions as purposed by the DC after
inspections of the colony to team of officials and to allottees to
avoid demolition in the colony.

viii) Detail flat numbers where the DC has recommended/ordered
restructure of existing illegal unauthorised constructing to meet
provisions of law.

ix) Name of allottees with addresses on whom the DC called upon in
the colony whether as individual or office bearers of the RWA
with name of RWA as there are three RWA’s.

x) Name RWA and its office bears/members who were informed of
purposed visit to the colony by the DC or whom DC met during
the visit.

xi) Rule of law or Building Bye-Laws framed under DMC Act, 1957
allowing allottees of DDA flats in Gulabi Bagh, to carry out
constructions/structural amendments in the flats according to their
needs irrespective or any unauthorization as admitted by Sh. H.C.
Gupta, claiming himself as President of the so-called Federation in
the circular dated 18.03.2008.

xii) Details of illegal/unauthorised physical encroachments on Govt.

land as on date as carried out by the allottees as per MCD records.

The PIO’s reply
Not replied.

The First Appellate Authority ordered:

The First Appellate Authority ordered “The PIO is directed to furnish a fresh
reply to these queries giving the desired information as sought by the appellant within
one week from now”.

Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Mr. C. B. Singh PIO
The PIO has sent the information late. The PIO is warned to ensure that information is
sent within the mandated period.

Decision:

The appeal is disposed.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.

Shailesh Gandhi
Information Commissioner
17 April, 2009

(In any correspondence on this decision, mentioned the complete decision number.)