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Decision No. CIC/SG/A/2010/001972/9165
Appeal No. CIC/SG/A/2010/001972
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 : 05/03/2010
PIO replied : 19/03/2010 & 25/03/2010
First appeal filed on : 31/03/2010
First Appellate Authority order : 20/04/2010
Second Appeal received on : 14/07/2010
S. No Information Sought (with reference to12, 14, 16 Reply of the Public Information Officer
Doctor Lane and 34 Babar Lane). (PIO)
1. Permissible use of premises. Residential.
2. The no of parts the premises is divided. Permissible use The building comprising 2and half
of each part of the premise. storeyed residential building with one
basement belongs to Mr. Vishnu Sahay
Tawakley.
3. Present use of each part of the premise. No information available on record.
4. Whether the building plan has been sanctioned for each Building plan has been sanctioned for the
part of the building. whole premises by the competent
authority.
Details of the sanctioned order.
5. Whether the completion plan and completion certificate Yes.
has been issued by the competent authority.
Through a letter dated 25/03/2010 the PIO informed the Appellant that the building plan files of 12, 14
and 16 Doctor Lane were not traceable.
Grounds for the First Appeal:
Unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA directed the DCA-I to provide information to the Appellant within 10 days.
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Grounds for the Second Appeal:
Unsatisfactory information provided by the PIO. The PIO had not provided any information with
reference to query no 3, while unsatisfactory and incomplete information had been provided to queries 4
& 5. Moreover, building plans were also not available for 12, 14 and 16 Doctor Lane.
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 PIO has provided the information available on the records and the information being sought
by the appellant relates to properties those were built over 60 years back. The PIO had stated that the
building plan files of 12, 14 and 16 Doctor Lane are not available in the records. The First Appellant
Authority (FAA) Mr. Ashok Malik has passed an order stating that DCA-I should provide all available
information without mentioning what information is to be provided. The FAA must go deeper into the
matter and decide whether records that are claimed to be non-existing by the PIO are available or not. The
PIO is directed to obtain a certificate from the Chief Architect that the building plan files of 12, 14 and 16
Doctor Lane are not available and send it to the appellant before 20 September 2010.
The appellant has sought to know the present uses of 34-Babar Lane. The appellant seems to allege that
the uses is for other purposes than what is on the records. The appellant would like to inspect the property
with the PIO. The Commission directs the PIO and the appellant to conduct a joint inspection of the
property and record the uses that actually found during the inspection. A joint report will be made and
both parties will keep a copy of the report with him.
Decision:
The Appeal is allowed.
The PIO is directed to obtain a certificate from the Chief Architect that the building plan
files of 12, 14 and 16 Doctor Lane are not available and send it to the appellant before
20 September 2010. The PIO is also directed to give a copy of the completion plan and
completion certificate of 34-Babar Lane to the appellant before 20 September 2010.
The Commission also directs the PIO and the appellant to conduct a joint inspection of the
property and record the uses that actually found during the inspection on 08 September
2010 at 11.00AM both the parties will meet at the office of the PIO. A joint report will be
made and both parties will keep a copy of the report with him.
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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