Central Information Commission Judgements

Mr.A.R.Dhawan vs Ndmc, Gnct Delhi on 1 September, 2010

Central Information Commission
Mr.A.R.Dhawan vs Ndmc, Gnct Delhi on 1 September, 2010
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796

                                                          Decision No. CIC/SG/A/2010/001971/9164
                                                                 Appeal No. CIC/SG/A/2010/001971

Relevant Facts

emerging from the Appeal:

Appellant                           :      Mr. A. R. Dhawan
                                           C- 10/147, Yamuna Vihar
                                           Delhi - 110053.

Respondent                          :      Mr. Anant M. Athale
                                           Public Information Officer & DCA-I
                                           New Delhi Municipal Council
                                           Department of Architecture & Environs
                                           Palika Kendra, Sansad Marg,
                                           New Delhi -110001

RTI application filed on            :      18/02/2010
PIO replied                         :      10/03/2010
First appeal filed on               :      29/03/2010
First Appellate Authority order     :      20/04/2010
Second Appeal received on           :      14/07/2010

S. No                   Information Sought                                Reply of the PIO

1. Certified copies of sanctioned building plans of The copies of the sanctioned plans of the
all floors including basement. premises of 40 Hanuman Road are not
available in the building plan file.

2. Certified copies of sanctioned building plans of Same as above.

all floors including basement which have been
revised/revalidated from time to time.

3. Certified copies of completion plan of all floors. Same as above.

4. Certified copies of completion certificates of all Same as above.

floors.

5. Certified copies giving details of permitted land Photocopy of the perpetual lease and
use. completion certificate are available. The
permitted land use is residential.

6. Certified copies giving details of status of the Same as above.

building like residential/commercial/industrial
etc.

Grounds for the First Appeal:

Unsatisfactory information provided by the PIO.

Order of the First Appellate Authority (FAA):
The FAA directed the Dy. Chief Architect to provide a copy of the sanctioned plan and also the
completion plan within 10 days. This was in reference to queries 1 to 4.

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Grounds for the Second Appeal:

Non compliance of the FAA’s order. No information had been provided to the Appellant inspite of the
FAA’s order.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. A. R. Dhawan;

Respondent: Mr. Anant M. Athale, Public Information Officer & DCA-I;

The FAA Mr. Ahok Malik has ordered that a cop of the sanctioned plans and completion plans
must be provided though the PIO had claimed that these were not available on the file. According to the
appellant the property is of the partition days and the PIO again claims before the Commission that the
plans are not on the files. Since the Chief Architect had ordered the plans to be given, if indeed the plans
are not on the file the PIO will obtain a certificate from the Chief Architect that these are not available on
the file and send it to the appellant. The copy of the lease deed and the completion certificate is available
on the file and the PIO is directed to send a copy of this to the appellant.

Decision:

The Appeal is allowed.

The PIO is directed to give a copy of the lease deed and completion certificate along
with a copy of the certificate of the Chief Architect that a copy of the sanction and
completion plan is not available on the file. The PIO will give this information to the
appellant before 20 September 2010.

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
01 September 2010
(In any correspondence on this decision, mention the complete decision number.)(RR)

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