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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/2011/002437/15860
                                                                 Appeal No. CIC/SG/A/2011/002437

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                       :     13-04-2011
First Appeal filed on                :     29-05-2011
First Appellate Authority order of   :     Not ordered
Second Appeal received on            :     02-09-2011

Information sought: the appellant asked about the construction is being carried out at Plot
Abutting plot of 1/3477 Ram Nagar Extn. Two Plot in gali near plot no. J-26, Ram Nagar and
1/2379 Ram Nagar Delhi.

Reply of Property No. 1/3477, Ram Nagar Extn. Shahdara Delhi as under:
S.No. Information sought. The PIO reply.

1. Provide me report which you have receive Sanction plan of property No. 1/3477 has
any request from above mentioned plots been approved by building department -II,
owners for sanctioning the land plan for Shahdara North Zone MCD file No.
construction. If yes when. 275/B/SH-N/2010.

2. Provide me the time limits you have 05 years from sanction date of plan.

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 No survey has been made.

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 section 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
sq.

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 6
sections under which normally you, have to
initiate action against the delinquent
constructers.

6. Please provide me name of the person, is Do not relates to this department.

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 Not applicable.

J.E. and A.E. for not compliance the order
of the Hon’ble High court;

10. In the context Of said High. court judgment, Answer as per Sr. No. 3 above.

Please give details regarding Unauthorized
Ongoing Construction at above mentioned,
plot.

11. If not, what action is due against J.E. and Do not relates to building department
A.E. for dereliction of duty? shahdara North Zone.

12. Provide me the date and other details about Answer as per Sr. No. 8 above.

the Copies of this certificate Issued by J.E.
and action taken plan ha been furnished to
the concerned Deputy Commissioner with a
copy to the Head Quarters who would
maintain records of such certificates.

13. 13. Unauthorized construction is a Answer as per Sr. No. 3 above.

cognizable offence under section 466 A of
M.C.D. act. Provide me the detail which
you have sent to the lca1 police for taking
action.

14. If 466A of WC.D. act not attracted against Answer as per Sr. No. 3 above.

the ‘said plot constructer, Provide me such
law the 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 (B)-II, AE, Sh V K Tyagi
address and phone no.) and A.E. and (B)-II Shahdara North Zone, Architect –
Provide me exact no. of the plot. Answer as per Sr. No. 1 above.

16. Provide me under which norms you have There is not such type of law.

permitted relaxation to the constructer for
not compliance of Clause 7.3.2 of Building
bye laws. If relaxation has not been
provided then give me proof in compliance
of the said clause.

17. If any map sanctioned for construction of Residential.

building, please provide me, is it for
Page 2 of 6
apartment, residential or commercial
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 of
775 heritage sites of Delhi.

19. Provide me information about 1.D. I D No. 2376.

reference 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.

Reply of Property No. 1/2379 Ram Nagar Shahdara Delhi as under:
S.No. Information sought. The PIO reply.

1. Provide me report which you have receive Sanction plan of property No. 1/2379 has
any request from above mentioned plots been approved by building department -II,
owners for sanctioning the land plan for Shahdara North Zone MCD file No. 62/B/SH-

construction. If yes when. N/2010.

2. Provide me the time limits you have 05 years from sanction date of plan.

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 No survey has been made.

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 section 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
sq.

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
sections under which normally you, have to
initiate action against the delinquent
constructers.

6. Please provide me name of the person, is Do not relates to this department.

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
Page 3 of 6
not issued.

9. Provide me action taking report against the Not applicable.

J.E. and A.E. for not compliance the order
of the Hon’ble High court;

10. In the context Of said High. court judgment, Answer as per Sr. No. 3 above.

Please give details regarding Unauthorized
Ongoing Construction at above mentioned,
plot.

11. If not, what action is due against J.E. and Do not relates to building department
A.E. for dereliction of duty? Shahdara North Zone.

12. Provide me the date and other details about Answer as per Sr. No. 8 above.

the Copies of this certificate Issued by J.E.
and action taken plan ha been furnished to
the concerned Deputy Commissioner with a
copy to the Head Quarters who would
maintain records of such certificates.

13. 13. Unauthorized construction is a Answer as per Sr. No. 3 above.

cognizable offence under section 466 A of
M.C.D. act. Provide me the detail which
you have sent to the lca1 police for taking
action.

14. If 466A of WC.D. act not attracted against Answer as per Sr. No. 3 above.

the ‘said plot constructer, Provide me such
law the 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 (B)-II, AE, Sh V K Tyagi
address and phone no.) and A.E. and (B)-II Shahdara North Zone, Architect –
Provide me exact no. of the plot. Answer as per Sr. No. 1 above.

16. Provide me under which norms you have There is not such type of law.

permitted relaxation to the constructer for
not compliance of Clause 7.3.2 of Building
bye laws. If relaxation has not been
provided then give me proof in compliance
of the said clause.

17. If any map sanctioned for construction of Residential.

building, please provide me, is it for
apartment, residential or commercial
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 of
775 heritage sites of Delhi.

19. Provide me information about 1.D. I D No. 2376.

reference 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.

Reply of Property No. J-26, Ram Nagar Shahdara Delhi as under:
S.No. Information sought. The PIO reply.

1. Provide me report which you have receive any request from There is no any kind of
above mentioned plots owners for sanctioning the land plan information or any record
Page 4 of 6
for construction. If yes when. about the Property No. J-26,
Ram Nagar Shahdara Delhi
in building department MCD.

So it is not possible to
answer your question.

2. Provide me the time limits you have provided for Answer as per Sr. No. 1
construction of this plot. Provide me the exact last date of above.
completion of buildings and the exact no.. of plot.

3. If any map sanctioned for construction of above mentioned Answer as per Sr. No. 1
plot then provide me copy of notice under section 6.1 as per above.
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 section has not been taken under section 337(4) then Answer as per Sr. No. 1
provide, me the name whose duties were to take action but above.
failed to do sq.

5. If you found any irregularity in construction provide me Answer as per Sr. No. 1
action taking report ‘against constructer and provide me above.
particular sections under which normally you, have to
initiate action against the delinquent constructers.

6. Please provide me name of the person, is empowered to take Answer as per Sr. No. 1
action against the plots constructers and what action is due above.
against him for not taking action.

7. Provide me monthly certificate issued by J.E. under his Due to overloading of staff
signature to the effect that there is no unauthorized ongoing – there certificates are not in
construction and/or encroachment on public/government effect.
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 which law/judgment Answer as per Sr. No. 7
the said certificate was not issued. above.

9. Provide me action taking report against the J.E. and A.E. for Answer as per Sr. No. 7
not compliance the order of the Hon’ble High court; above.

10. In the context Of said High. court judgment, Please give Answer as per Sr. No.1
details regarding Unauthorized Ongoing Construction at above.
above mentioned, plot.

11. If not, what action is due against J.E. and A.E. for dereliction Answer as per Sr. No. 1
of duty? above.

12. Provide me the date and other details about the Copies of this Answer as per Sr. No. 7
certificate Issued by J.E. and action taken plan ha been above.
furnished to the concerned Deputy Commissioner with a
copy to the Head Quarters who would maintain records of
such certificates.

13. 13. Unauthorized construction is a cognizable offence under Answer as per Sr. No. 1
section 466 A of M.C.D. act. Provide me the detail which above.
you have sent to the lca1 police for taking action.

14. If 466A of WC.D. act not attracted against the ‘said plot Answer as per Sr. No. 1
constructer, Provide me such law the under you have above.
delegated power for giving relaxation to above mentioned
plot owner.

15. Provide me the name of J.E. Architect (with address and JE Sh. G P Jaiswal (B)-II,
phone no.) and A.E. and Provide me exact no. of the plot. AE, Sh V K Tyagi (B)-II
Shahdara North Zone,
Architect – Answer as per Sr.
No. 1 above.

Page 5 of 6

16. Provide me under which norms you have permitted Answer as per Sr. No. 1
relaxation to the constructer for not compliance of Clause above.
7.3.2 of Building bye laws. If relaxation has not been
provided then give me proof in compliance of the said
clause.

17. If any map sanctioned for construction of building, please Answer as per Sr. No. 1
provide me, is it for apartment, residential or commercial above.
purpose.

18. If this building. is old and occupied then provide me the No. Answer as per Sr. No. 1
of this building out of 775 heritage sites of Delhi. above.

19. Provide me information about 1.D. reference No. mentioned I D No. 2376.

on this RTI application above.

20. Provide me copy of such notice, required for construction of Answer as per Sr. No. 1
building after sanctioned building plan and before above.
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)

Page 6 of 6

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