Mr.Ajit Kar vs Mcd, Gnct Delhi on 26 May, 2011

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?
                                                                                           Page 1 of 3
        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.




                                                                                             Page 2 of 3
 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.)

Page 3 of 3

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