Central Information Commission
Mr.Ajit Kar vs Mcd, Gnct Delhi on 26 May, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000748/12539
Appeal No. CIC/SG/A/2011/000748
Relevant facts emerging from the Appeal:
Appellant : Mr. Ajit Kar
99, Satya Niketan (FF)
New Delhi - 110021
Respondent : Mr. Rajesh Khanna
PIO & SE
Municipal Corporation of Delhi
O/o the Superintending Engineer
South East, Nafarganjh Zone
Delhi
RTI application filed on : 27/12/2010
PIO replied on : 29/11/2010
First Appeal filed on : 03/12/2010
First Appellate Authority order of : 02/02/2011
Second Appeal received on : 18/03/2011
Information Sought:
1. Please inform on 28.7.09 the Zonal Engineer MCD was given a complaint by the applicant
to take action in encroachment amalgamation of 1-I. No. 1186 and 1187 Pkt-3. Sector 19,
Dwarka illegal erection of chhaja, shifting of doors increasing height constructing more
floors detrimentally affecting the complainant. Please inform what action so far has been
taken by Superintending Engineer and by other concerned authority in relieving the
grievance of the complainant if not yet action taken then how long will it take for the
action? Please give the copy of the application along with all the documents attached to it.
2. Please inform along with the above said application a Letter of DDA enforcement branch
was enclosed claiming the power of taking action has been transferred to MCD otherwise
DDA was under preparation for the second action after it took action on 30.5.08 by sealing
the house No.1186 & 1187. Pkt-3, sector -19, Dwarka.
3. Please inform on which day the power of taking action on encroachers in DDA lands and
houses shifted from DDA enforcement branch to MCD and also write if there is any chance
of transfer of the power again to DDA enforcement branch.
4. Please reply on. which day house No.1186 and 1187 to be investigated and the unauthorised
construction and the shifting of doors etc. construction of three floors and amalgamation all
should be removed illegal erection be demolished.
5. Please give a copy of desealing order issued to Mr.Mudgal for H.No. 1186 and 1187 Pkt3,
sector 19. Dwarka and also give the copy containing the mandatory rectification which the
current owner of H.No. 1186 and 1187 Pkt- 3, sector ic, Dwarka Mr. & Mrs. Mudgal
promised to make so on that basis they were allowed desealing of H.No. 1186 and 1187
6.Please inform has the MCD or DDA confirmed the mandatory rectification why so fãr not
done and how long the MCD or DD4 ill take to demolish unauthorised and illegal
construction in KNo. 3186 and 187 Pkt- 3. sector 9, Dwarka and how 1on will it take to
redress the grievance of the owner of H1o. 1185
7. On which grounds desealing allowed give a copy of order if DDA transferred to MCD how
DDA desealed houseNo.1186?
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8. Please inform a copy of High Court order was published in newspaper was also attached
with the application for the authority of taking action against encroachers and those who
have made illegal or unauthorised construction how is the central control room working,
how is the Nodal steering committee formed by Additional Commissioner (Engineering
MCD, Chief Vigilance officer MCD. Chief town planner, MCD and chief law officer MCD
has been working in this connection of unauthorised construction and encroachment in
public and how this committee has worked in connection with y application for demolition
unauthorised construction in house No.IlS6and 1187, Pkt--3,. sector 1 9, Dwarka?
9.Enroached that needs action by MCD in house no . 3186 & 1187 PKT-3, Sçctor-19. Dwarka.
10. Please inform whether the MCD Najafgarh branch has jurisdiction à take action against the
following
ii. Please inform who is the concerned officer looking after the demolition of unauthorised
erection & encroachment in Pkt-3, sector 19. Dwarka and who is the officer to see the
unauthorised construction in house No. 1186 and 1187 Pkt-3,sector 19, Owarka, give the
rank and officially given any identity number of' the officer.
12. Please inform what type of obligation. business in connection with encroachment and
unauthorised & illegal construction has been booked after by MCD in Pkt-3, sector 19,
Dwarka.
13. Please inform do the MCD Najafgarh Branch is responsible for taking action in the
following
(i) Any encroachment in public road, drain
(ii) encroachment to any public property
(iii) unauthorised construction in private house
(iv) illegal construction in private house
14. An amount of Rs. I0 has been attached herewith towards the fee of this application may
kindly be acknowledged
15. Please give the name and address and phone No. of APJO. PlO. First Appellate Authority
and 2nd Appellate Authority without fail.
16. These inform if any fee is to be paid for filing the first appeal and in whose favour the same
fee is to be remitted
17. Please inform which document, how many pages you will send and how much
money in whose favour I shall remit also write whether the documents are true copy duty
signed stamped or not.
PIO`s Reply:
1. Complaint is pending. Photocopy of diary is attached.
2. Query is not information within RTI act.
3. No such information is available on record.
4. Query is not information within RTI act.
5. To 9 - No such information is available on record.
10. Query is not information within RTI act.
11 to 13 - These are not dealt with by the Nafargangrh Zone.
14. Does not pertain to this office.
15. Details of FAA and Second Appellant authority were provided.
16. No fee is requested to be paid before the first appeal.
17. Documents are being sent.
Grounds for the First Appeal:
The appellant has not received information
Order of the First Appellate Authority (FAA):
PIO was directed to provide the information within seven days.
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Ground of the Second Appeal:
The information provided is misleading and irrelevant and access to relevant documents has been
refused.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Ajit Kar;
Respondent: Mr. Nooruddin, AE(B) on behalf of Mr. Rajesh Khanna, PIO & SE;
NO information has been provided on query-2 & 3. The PIO is now claiming that the RTI
application has been transferred for query-2 & 3 to DDA on 16/03/2011. Regarding query-5 the
respondent now states that no de-sealing order has been issued. The Appellant is shouting loudly
during the hearing when the Commission pointed out that a lot of his queries are so long winded that
they do not constitute information as defined under Section 2(f) of the RTI Act.
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
26 May 2011
(In any correspondence on this decision, mention the complete decision number.)
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