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Mr.Anil Datt Sharma vs Mcd, Gnct Delhi on 23 November, 2011

Central Information Commission
Mr.Anil Datt Sharma vs Mcd, Gnct Delhi on 23 November, 2011
                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26161796

                                                         Decision No. CIC/SG/A/2011/002451/15863
                                                                 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.

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
23 November 2011
(In any correspondence on this decision, mention the complete decision number.) (ved)

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