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Decision No. CIC/SG/A/2011/002128/15024
Appeal No. CIC/SG/A/2011/002128
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Anil Dutt Sharma,
R/O D-129, New Seelampur,
Shahdara, Delhi - 110053.
PH -9871622255.
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 : 11/01/2011
PIO replied : 09/02/2011
First appeal filed on : 11/03/2011
First Appellate Authority order : Not Given
Second Appeal received on : 28/07/2011
Information sought: -
Unauthorized construction is being carried out at Two plots adjoining and in front of the plot
10560 Mohan park Delhi. Please provide me the Information in connection of the said plots or any
other plot near by this plot.
1. Provide me what is the I.D. No. mentioned on this RTI Application.
2. Provide me report which. You have received any request from above mentioned plots owners
for sanctioning the land plan for construction. If yes when.
3. Provide me the time limits you have provided far construction of this plot. Provide me the
exact 1ast date of completion of bu1ding and the exact no. plot.
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. 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.
6. Who is empowered to take against the officer for not taking action against the plot constructers
and what action is due against them.
7. Provide me monthly certificate issued by. J.E. under his signature to the effect that there is no
unauthorized ongoing construction, and/or encroachment 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 which law/judgment the said certificate was not issued.
9. Provide me action taking report against the 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, please give details regarding unauthorized ongoing
construction at above mentioned plot.
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11. If not, what action is due against J.E. and A for dereliction of duty?
12. Provide me the date and other details about 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 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 th said 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 and A.E.?
16. 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 provided then give
me proof in compliance of the said clause.
17. If any map sanctioned for construction of building, please provide me, is it for apartment,
residential or commercial purpose.
PIO response:-
1. I.D.No. 2158.
2. Two Plots adjoining and in front of 1/10560, Mohan park is built by sanction building plan.
3. 5 years.
4. No.
5. Not application.
6. Question is not clear.
7. There is shortage of ministerial staff and technical hand, so it is not possible to issue such type of
report.
8. Answer as per Sr. No. 7 above.
9. Not applicable.
10. Question is not clear.
11. Answer as per Sr. No. 7 above.
12. Answer as per Sr. No. 7 above.
13. Answer as per Sr. No. 7 above.
14. Answer as per Sr. No. 7 above.
15. No.
16. There is not such type of rule.
17. Residential.
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:
The following were present
Appellant : Mr. Anil Datt Sharma;
Respondent : Mr. Tejvir Singh, Deemed PIO & EE(B-II);
The Appellant has been informed that the building is being constructed as per sanctioned plan. The
PIO is directed to provide the plot number for which the information relates.
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Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant
before 20 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
04 October 2011
(In any correspondence on this decision, mention the complete decision number. (AM)
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