CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/003105/10642
Appeal No. CIC/SG/A/2010/003105
Relevant Facts
emerging from the Appeal
Appellant : Mr. Amit Goel
Advocate
Chamber No. 120, Civil Wing
Tis Hazari Courts, Delhi 110054
Respondent : Mr. Pushkar Sharma
Public Information Officer &
Superintending Engineer
Municipal Corporation of Delhi
Office of the Superintending Officer
Shahdara (South) Zone, Zonal Office Building,
Karkardooma, Delhi
RTI application filed on : 01/07/2010
PIO replied : 20/09/2010
First appeal filed on : 26/08/2010
First Appellate Authority order : 28/09/2010
Second Appeal received on : 03/11/2010
Sl. Information Sought Reply by the PIO
1. Whether areas of Laxmi Nagar and Shakarpur, Delhi -1l0092 are Areas of Laxmi Nagar and Shakarpur
authorized or regularized colonies. pertains to S.E.I Ld. South
2. Specify the building bye-laws, applied on the above mentioned areas. D.M.C Act and MPD 2021
3. What are procedures for approval of site plan/building plan for Procedure for sanction plan being
constructing any building in the above mentioned areas? Which submitted by owner through
documents are required to be submitted and where for the approval of competent architect to MCD.
site plan. Please give the details. Documents required as per DMC
Act.
4. Whether buildings, commercial or residential can be constructed in the The building is being constructed as
area of Shakarpur and Laxmi Nagar without the approval of sanction per DMC Act.
plans.
5. If any commercial or residential buildings had been constructed in the Building is being registered as per
above mentioned two areas without the approval of sanction plans, norms.
than can that illegal constructed buildings be regularized in any way.
6. Whether illegally constructed buildings can be regularized by the Illegal construction can be registered
MCD by making the payment of fine/fee. If yes, then up to what under DMC Act.
extent and how?
7. What are the duties of building department of MCD concerning the The duty of building department as
area of Shakarpur and Laxmi Nagar? per policy.
8. Whether it is not the duty of MCD to check and make sure that no As above
building is constructed illegally in the above areas without the proper
sanction Plan.
9. Kindly furnish the name and residential addresses of JE, AE and Kindly inspect the record on any
Executive Engineers of building department having responsibility to working day.
control the illegal construction of any type of building in the above
areas.
10. If any of the above named officials failed to perform his duties Action is initiated as per Act.
properly and did not control the illegal constructions in the area of
their jurisdiction, what action can be taken against them by the MCD?
11. How many stories/floors are permissible in the above area? Is it true Stories allotted as per BBL and MPD
that ground floor is counted as first floor as per the building bye-laws? 2021
12. How much area of the plot can be covered by the owner of the land in Information available with MPD
the above area’s while constructing the building. Please specify in 2021
case of plot measuring 50 Sq.Yd, 100 Sq.Yd., 150 Sq Yd, 200 Sq.Yd,
250 Sq.Yd, 300 Sq.Yd, 350 Sq.Yd, 400 Sq.Yd and 450 Sq.Yd
respectively.
13. In which case 100% coverage of the plot is allowed. Can more than As per above.
100% coverage is also allowed in any case, please elaborate.
14. In which case can a building be constructed without the approval of As per MPD 2021 and DMC Act.
site plan by the MCD.
15. Can any building be constructed by way of extending its structure No
beyond the area of plot?
16. Can any building be extended beyond the area of its plot from the first No
floor or so?
17. How many site-plans have been approved in the last two in tile above Kindly inspect the record on any
referred area’s by the MCD? Kindly furnish the details and owners of working day.
those building with the sanction plan?
18. Whether it has been verified by the MCD by way of examination of Inspection is made by field staff.
the building for which the sanction plans were approved, that they are
built up” constructed strictly in accordance with the approved plan? If
yes than supply the report if the inspection done by the concerned
official and if the answer is no than why such negligence had taken
place?
19. Flow many building are booked by the MCD in the area of Shakarpur Kindly inspect the record on any
and Laxmi Nagar for illegal construction and what actions were taken working day.
against them. Kindly give the details.
20. Is it not facts that in the above areas majority of buildings were Action is being taken as per act.
constructed and are still under construction illegally in connivance
with the MCD officials?
21. What are the duties and role of local police in controlling and Does not pertain to building
checking the illegal construction in any area? department.
22. What is the status of plot bearing no. 88/15 Gali no.1, Shakarpur, Kindly inspect the record on any
Delhi- 110092? Whether the flats which are under construction on this working day in this office
plot are being made as per the sanction building plan, if yes, than
please supply the copy of building plan of this building. Why the
builder was allowed to extend the structure of this building beyond the
area of the plot?
23. What is the status of plot bearing no. A-35, ArunaPark, Shakarpur. Same as above.
Whether the any building plans was sanction for this building having
file no.Fn.1491B/ SW 10/ D243, if yes, than please supply the copy of
building plan of this building. Why the builder was allowed to extend
the structure of this building beyond the area of the plot from first
floor?
24. What is the status of plot bearing no.19-B, Ganesh Nagar Ext-Il, Same as above
Shakarpur. Whether the any building plan was sanction for this
building having file no.4111B/ FHJ 5/ 10 Dated 12-5-2010, if yes,
than please suppl’ the copy of building plan of this building. Whether
the building plan of this building is sanctioned for one single dwelling
unit or for construction of different flats / dwelling unit. How much
area of the plot can be covered by the owner/builder in this plot?
25. What is the status of plot bearing no. B-695, Ganesh Nagar Ext-Il, Same as above
Gall No.2, Krishna Mandir Marg, Shakarpur. Whether the flats which
are under construction on this plot are being made as per the sanction
building plan, if yes, than please supply the copy of building plan of
this building. Why was the builder allowed to extend the structure of
this building beyond the area of the plot from first floor i.e coverage of
more than 100%?
26. What are the duties of local counselor and the MLA of any area, if Does not pertain to building
illegal constructions are rampantly going on in their respective area? department.
27. Why more than 80% of the buildings are allowed to be constructed in Action is being taken as per act.
violation of building bye-laws in the area of Laxmi Nagar and
Shakarpur and that no action had been taken inspite of the knowledge
of these illegal buildings?
Grounds for the First Appeal:
PIO did not supply the required information within stipulated time of 30 days.
Order of the First Appellate Authority (FAA):
PIO directed to supply the information by 7th October 2010.
Grounds for the Second Appeal:
Dissatisfactory reply by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. J. P. Verma, EE(B) on behalf of Mr. Pushkar Sharma, PIO & SE;
The Respondent states that he received the RTI application only on 19/08/2010 and he had
provided the information on 20/09/2010.
Decision:
The Complaint is disposed.
The information appears to have been provided.
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
27 December 2010
(In any correspondence on this decision, mention the complete decision number.) (GJ)