CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002390/15645
Appeal No. CIC/SG/A/2011/002390
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Anil Datt Sharma,
D-129, New Seelampur,
Delhi - 110053.
Ph - 9871622255.
Respondent : Public Information Officer
Municipal Corporation of Delhi,
O/o The Asstt. Commissioner,
Shahadra North (Building-II),
Zonal Building, Keshav Chowk,
Shahadra Delhi - 110032.
RTI application filed on : 09/03/2011
PIO replied : 25/05/2011
First appeal filed on : 29/05/2011
First Appellate Authority order : Not Given
Second Appeal received on : 01/09/2011
Information sought: – Unauthorized construction is being carried out at 1/2616 Ram Nagar and 1/2616
Ram Nagar Delhi. Please provide me the information in connection of the said plots or any other plot
under construction near by this plot.
1. Provide me report which you have receive any request from above mentioned plots owners for
sanctioning the land plan for construction. If yes when.
2. Provide me the exact no. of above mentioned plots. If plot has not been detected then provide me
report which was forwarded to the local police under section 466A of MCD act the name and
designation whose duty by law, office order and by courts judgment cast upon him and provide me
information about the procedure of adopting.
3. If report not forwarded under section 466A of mcd then provide me information under section
4(Id) of RTI act.
4. If you found any irregularity in construction provide me action taking report against constructer
and provide me particular sections under which normally you have to initiate action against the
delinquent constructers.
5. If any map sanctioned for construction of above mentioned plot then provide me copy of notice
under section 6.1 as per the Delhi Master Plan 2021. If notice has not been received from the
constructer then provide me action taking report under section 337(4) of D.M.C. act.
6. If action has not been taken under section 337(4) then provide me the name whose duties were to
take action but failed to do so.
7. Please provide me name of the person, is empowered to take action against the plots constructers
and what action is due against him for not taking action.
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8. Who is empowered to take against the officer for not taking action against the plot constructers
and what action is due against them.
9. Provide me monthly certificate issued by JE under his signature to the effect that there is no
unauthorized ongoing construction and/or encroachment on public/government land. (Reference
High court Judgment) (Kalyan Sansthan Social Welfare Organization V/s Union of India and Ors).
If shortage of ministerial and technical staff then provides me copy of , office order or concerned
JE and AE has forwarded not to the seniors.
10. If not issued, please provide me under which law/judgment the said certificate was not issued.
11. Provide me action taking report against the JE and AE for not compliance the order of the Hon’ble
High Court.
12. In the context of said High Court judgment, please give details regarding unauthorized ongoing
construction at above mentioned plot.
13. If not, what action is due against JE and AE for dereliction of duty?
14. Provide me the date and other details about the copies of this certificate issued by JE and action
taken plan has been furnished to the concerned Dy. Commissioner with a copy to the Head
Quarters who would maintain records of such certificates.
15. Unauthorized construction is a cognizable offence under section 466 A of MCD act. Provide me
the detail which you have sent to the local police for taking action.
16. If 466A of MCD act not attracted against the said plot constructer provide me such law there under
you have delegated power for giving relaxation to above mentioned plot owner.
17. Provide me the name of JE Architect (with address and phone no.) and AE and provide me exact
no. of the plot.
18. Provide me, under which norms you have permitted relaxation to the constructer for not
compliance of Clause 7.3.2 of Building bye laws. If relaxation has not been provide then give me
proof in compliance of the said clause.
19. Provide me copy of such notice, required for construction of building after sanctioned building
plan and before completion certificate.
20. Provide me information about ID reference No. mentioned on this RTI application above.
21. Provide me information about the responsibilities cast upon the Dy. Commissioner of MCD. If the
subordinate staff failed to take detection or taking action against the unauthorized constructer even
though the information already with them by any sources.
PIO response: – Property No. 1/2616 Ram Nagar and 1/2616 Ram Nagar Delhi.
1. There is no any kind of information or any record about the property No. 1/2616 Ram Nagar and
1/2616 Ram Nagar Shahdra, Delhi in building department, Shahdara (North) Zone. MCD So, it is
not Possible to answer your question.
2. Answer as per Sr. No. 1 above. As per office record this office does not deal with such type of
verification of address.
3. Answer as per Sr. No. 2 above.
4. Question is not clear. This office deals with conformity with sanction building plan.
5. No notice is received to this office.
6. Answer as per Sr. No. 1 above.
7. JE (Bldg.) to DC/SH-(North) are empowered to take action against the plot contractor.
8. Answer as per Sr. No. 7 above.
9. Due to overloading of staff there certificates are not in effect.
10. Answer as per Sr. No. 9 above.
11. Not applicable.
12. Not applicable.
13. Not applicable.
14. Answer as per Sr. No. 9 above.
15. Answer as per Sr. No. 9 above.
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16. There is no such type of law.
17. JE Sh. G.P. Jaiswal (Bldg.) -II, AE Sh. V.K. Tyagi, (Bldg.) – II, Shahdara, (North) Zone,
Architect. Answer as per Sr. No. 1 above.
18. Answer as per Sr. No. 16 above.
19. Not applicable.
20. D.No. 2462.
21. This information is not available in this office.
Grounds for the First Appeal:
Unsatisfactory information was given by the PIO.
Order of the First Appellate Authority (FAA):
No order had passed by First Appellate Authority.
Grounds for the Second Appeal:
Unsatisfactory reply received by the Appellant and no order had passed by FAA.
Relevant Facts emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a perusal
of the papers it appears that the information available on the records has been provided to the Appellant.
The Appellant appears to be claiming that information available on records does not reflect the actual
condition on the ground.
Decision:
The Appeal is disposed.
Information available on the records 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
14 November 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)
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