CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi - 110067 Tel: +91-11-26161796 Decision No. CIC/SG/A/2011/002451/15863 Appeal No. CIC/SG/A/2011/002451 Relevant facts emerging from the Appeal: Appellant : Mr. Anil Datt Sharma, D-129, New Seelampur, Delhi -110053. Respondent : Public Information Officer, Municipal Corporation of Delhi O/o The Exe. Engineer (Bldg.) -II, Shahdara North Zone, Keshav Chowk Red Light, Opp. Metro Station Welcome, Shahdara, Delhi. RTI application filed on : 23-02-2011 PIO replied on : 28-03-2011 First Appeal filed on : 11-04-2011 First Appellate Authority order of : Not ordered Second Appeal received on : 05-09-2011 Information sought: the appellant asked about the construction being carried out at Plot in 6074, East Rohtash Nagar, Abutting of 1,6086 East Rohtash Nagar and Abutting plot No. 1,6164 Gali NO. 2 East Rohtash Nagar. S.No. Information sought. The PIO reply. 1. Provide me report which you have received There is no information or any record about any request from above mentioned plots the property No. 6074, East Rohtas nagar owners for sanctioning the land plan for abutting plot of East Rohtas Nagar Shahdara construction. If yes when. Delhi in building department MCD so it is not possible to answer your question. 2. Provide me the time limits you have Answer as per Sr. No. 1 above. provided for construction of this plot. Provide me the exact last date of completion of buildings and the exact no. of plot. 3. If any map sanctioned for construction of Answer as per Sr. No. 1 above. 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 4. If action has, not been taken under section Answer as per Sr. No. 1 above. 337(4) then provide me the name whose duties were to take action but failed to do so. 5. If you found any irregularity in construction Answer as per Sr. No. 1 above. provide me action taking report against constructer and provide me particular Page 1 of 3 sections under which normally you have to initiate action against the delinquent constructers. 6. Please provide me name of the person, is Answer as per Sr. No. 1 above. empowered to take action against the plots constructers and what action is due against him for not taking action, 7. Provide me monthly certificate issued by Due to overloading of staff there certificates J.E. under his signature to the effect that are not in effect. there is no unauthorized ongoing construction and/or encroachment on public/government land. (Reference High court Judgment (Kalyan Sanstha Social Welfare Organization v/s Union of India and Ors.) 8. If not issued, please provide me under Answer as per Sr. No. 7 above. which law/judgment the said certificate was not issued. 9. Provide me action taking report against the Answer as per Sr. No. 7 above. J.E. and A.E. for not compliance the order of the Hon'ble 3igh court. 10. In the context of said High court judgment, Answer as per Sr. No. 1 above. please give details regarding unauthorized ongoing construction at above mentioned plot 11. If not, what action is due against J.E. and Answer as per Sr. No. 1 above. A.E for dereliction of duty? 12. Provide me the date and other details about Answer as per Sr. No. 7 above. the Copies of this certificate issued by J.E. and action taken plan has been furnished to the concerned Deputy Commissioner with a copy to the Head Quarters who would maintain records of such certificates. 13. Unauthorized construction is a cognizable Answer as per Sr. No. 1 above. offence under section 466 A of M.C.D. act. Provide me the detail which you have sent to the local police for taking action. 14. If 466A of M.C.D. act not attracted against Answer as per Sr. No. 1 above. the aid plot constructer, Provide me such law there under you have delegated power for giving relaxation to above mentioned plot owner. 15. Provide me the name of J.E. Architect (with JE Sh G P Jaiswal, (Bldg.)-II, AE. Sh. VK address and phone no.) and A.E. and Tyagi (Buld.)-II, Shahdara North Zone Provide rue exact no. of the plot Architech - Answer as per Sr. No. 1 above. 16. Provide me under which norms you have Answer as per Sr. No. 1 above. permitted relaxation. to the constructer for not compliance of Clause 7.3.2 of Building bye law. 1f relaxation has not been provided then give me proof in compliance of the said clause. 17. It any map sanctioned for construction of Answer as per Sr. No. 1 above. building, please provide me, is it for apartment, residential or commercial Page 2 of 3 purpose. 18. If this building is old and occupied then Answer as per Sr. No. 1 above. provide me the No. of this building out bf 775 heritage sites of Delhi 19. Provide me information about I.D. reference I D No. 2362. No. mentioned on this RTI application above. 20. Provide me copy of such notice, required Answer as per Sr. No. 1 above. for construction of building after sanctioned building plan and before completion certificate. Grounds for the First Appeal: Unsatisfactory reply was received by the appellant. Order of the First Appellate Authority (FAA): No order was passed by the FAA Ground of the Second Appeal: The appellant was not satisfied with the PIO and no order was passed by FAA order. 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 appears to have been
provided. The Appellant appears to be claiming that information available on records does not reflect
the actual condition on the ground. The Commission has no jurisdiction in this matter.
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.
23 November 2011
(In any correspondence on this decision, mention the complete decision number.) (ved)
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