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Decision No. CIC/SG/A/2011/002079/14992
Appeal No. CIC/SG/A/2011/002079
Relevant facts emerging from the Appeal:
Appellant : Mr. Anil Datt Sharma
D - 129 New Seelampur
Delhi - 110053
Respondent : Mr. Tejvir Singh
Deemed PIO & EE(B-II)
Sahadara North (building-II),
Municipal Corporation of Delhi,
Zonal Building, Keshav Chowk,
Shahadra, Delhi.
RTI application filed on : 06/11/2010
PIO replied on : 28/01/2011
First Appeal filed on : 06/02/2011
First Appellate Authority order of : ----- ----- --.
Second Appeal received on : 27-06-2011
Information Sought:
1. The building owner has got sanctioned map vide 54/B/SH-N/09/0398/Dated 02/02/2009, and
23/B/SH/N/OPP/ and 135/B/SH/N/101D439 (such information displayed on the site) for
construction but the construction is beyond the sanctioned plan. Do you have special relaxation
given for construction of building to the constructer and provide me the details of sanctioned map.
Provide me the exact no. of plot where the said map was sanctioned for construction.
2. Provide me plots No. of those plots where you have sanctioned building plan for construction at
Mansarover Park and Ram Nagar Shahadra and type of approval as apartment, residential etc.)
3. Provide me action taking report against the constructer, If action still due therefore provide me
information U/s 4(1D) of RTI Act, in this context.
4. Name of the person who has inspected construction irregularity in this plot and what inspection
report he has submitted for taking action.
5. Provide me the time limits you have provided for construction of these plots. What is the exact
last date of completion of buildings?
6. I have forward you some high court judgments for your reference. What action you shall take on
against this unauthorized constructers. (if the judgments are not available now you can call me for
judgments).
7. How much amount has been paid for passing the map? If the amount has been paid by6
cheque/DD and name of the bank. Is the map for residential or for business purpose?
8. Provide me the detail information thereof MCD, Shahadara North Zone Building Deptt. booked
this property to demolish. If yes then provide me information U/s 4(1D) of RTI Act, it is not
demolished till date.
9. If construction work was permitted on the said property thereupon give the name of the engineer
who deputed to submit the report to the building department regarding said construction either
after or during the construction work. Name and mobile no. of the J.E.
10. Provide me information about the percentage of the covered area permitted on the said properties.
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11. If there has a map has been sanctioned or any permission given then provide me information how
many stories and how many rooms and how many kitchens and how many bathrooms were
permitted?
The PIO Reply:
(1) 1/2199 Ram Nagar Shahdara near M.S. park-old & occupied.
(2) Plot at opposite row to H, 40M.s park-old & occupied.
(3) E-23A M.S park-old & occupied.
(4) Abutting plot of 1/2242 Gali No. 14 Ram Nagar M.S. Park-The plan has been sanctioned
by Bldg. Deptt.
(5) 2070 Ram Nagar M.S. Park-Old & Occupied.
(6) 1/2361 (Near Harsh Readymade Garment) Ram Nagar Mandoli Road, Shanti building. The
plan has been sanctioned by Bldg. Deptt.
(7) Abutting Plot of 1/1992 Ram Nagar, opposite Durga Mandir-The planhas been sanctioned
by Bldg. Deptt.
1. Exact Muncipal No. of Property may obtained the concerned Deptt. However the
sanctioned plan has been passed for the property No. Under Question. As per your version
it is not clear that out of seven property mention which three displays these sanction map
No. & also not clear whether their No. one out of among seven property mention.
2. In office record information is not arranged colony wise separately so information as such
not available till file no. & dated of application is not provided.
3. Question is not clear in warrant of property no for which ATR is required.
4. You have not specify the plot no.
5. Time limit for any plot under constructed is five year from date of its sanction.
6. Don't come under RTI Act.
7. Your question is no clear as to which property to have asked.
8. Answer same as 7
9. Answer same as 7
10. Answer same as above 2. However some be liad from BBL/MPD.
11. Your question is not clear.
Grounds for the First Appeal:
Unsatisfactory reply was given to the appellant by the PIO.
Order of the First Appellate Authority (FAA):
"Not received any order."
Ground of the Second Appeal:
Unsatisfactory and incomplete information had been provided by the PIO.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Mr. Anil Datt Sharma;
Respondent : Mr. Tejvir Singh, Deemed PIO & EE(B-II);
The PIO has stated that property nos. 1/2199, Ram Nagar, Shahdara and E-23A, M.S. Park are old
and occupied. The Appellant states that the police department has given complaints about unauthorized
construction being done on these properties. The PIO is directed to inform the Appellant if any action was
taken or inspection conducted based on the complaint from the police department. The appellant asked the
respondent about the plot number for which information has been given at query-2 in which he had sought
information about “plot at opposite road to H.40, M.S. Park.” The respondent states that they would have
seen the plot which was opposite H.40 and provided the information. The PIO has stated that property no.
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2070 Ram Nagar is old and occupied. The PIO is directed to provide the documentary evidence based on
which they have stated that the building was old and occupied.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant
before 25 October 2011.
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
03 October 2011
(In any correspondence on this decision, mention the complete decision number.) (ved)
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