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Decision No. CIC/SG/A/2011/001926/15047Adjunct
Appeal No. CIC/SG/A/2011/001926
Relevant facts emerging from the Appeal:
Appellant : Mr. Ashish Kumar
H No. 81-A, Deep Vihar,
Vikas Nagar, Hastsal,
New Delhi - 110059
Respondent (1) : Mr. K. C. Meena
PIO & SE-II
Municipal Corporation of Delhi
O/o The SE-II,
West Zone, Vishal Enclave,
Rajouri Garden, New Delhi
(2) Dy. Commissioner
(West Zone)
Municipal Corporation of Delhi
West Zone, Vishal Enclave,
Rajouri Garden, New Delhi
RTI application filed on : 20-07-2010
PIO replied on : 30-08-2010
First Appeal filed on : 06-09-2010
First Appellate Authority order of : 21-02-2011
Second Appeal received on : 10-05-2011
Information Sought:-
The appellant wants the information about the following-
1) How many buildings have been sealed and de-sealed from 01.Jan.2007 to 31.Dec.2007 in Deep
Vihar, Vikas Nagar, Part - IV(hastsal), Delhi - 110059.
2) Under what provisions sealing is being done in unauthorized colonies and on what rules it
being desealed?
PIO's Reply :-
The appellant was provided with the following replies:-
In Reply to 1) - the following property was sealed 2 times within the mentioned period and there is no
record available in the office regarding the de-sealing of the same building.
In Reply to 2) - if any illegal construction is being done then it is stopped under DMC Section
345A......................
Grounds for the First Appeal:
Unsatisfactory reply was given by the PIO.
Order of the First Appellate Authority (FAA):
The following were present during the hearing:- Mr. Ashish Kumar -Appellant was absent & -
Respondent - PIO - SE-II was present.
" The matter has already been disposed of in Appeal No. 1534 vide Order No. 2056/DC/WZ/2011 dt
15.02.2011"
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Ground of the Second Appeal:
Unsatisfactory reply was given by the PIO and also unsatisfactory order was passed by the FAA.
Relevant Facts
emerging during Hearing on 05 October 2011:
The following were present:
Appellant : Mr. Ashish Kumar;
Respondent : Mr. K. C. Meena, PIO & SE-II;
“The Appellant states that he believes the information given to him is not correct. The
Commission therefore directs the PIO to bring the records of Sealing and Desealing to the office of the
Commission on 24/10/2011 for the period sought by the Appellant for an inspection by the Appellant.
The Appellant alleges that Mr. Satish Gautam, JE alongwith some other people had visited his house
and threatened his family with dire consequences if they pursued the RTI applications. The
Commission sends a copy of this order to the SHO, Ranhola, West District, Office of DCP(Rajouri
Garden), New Delhi to inquire into this complaint and take appropriate action. The Commission is also
sending a copy of this to the Municipal Commissioner MCD to inquire into this and take appropriate
action.”
Commission’s Decision dated 05/10/2011:
The Appeal was allowed.
“The PIO is directed to bring the register/records as directed above to the office
of the Commission on 24 October 2011 at 10.00AM. The Appellant will inspect the
records at take photocopies of records which the Appellant wants free of cost upto 100
pages.”
Relevant Facts emerging during the inspection carried out on 24 October 2011:
The following were present:
Appellant : Mr. Ashish Kumar;
Respondent : Mr. R. P. Wadhwa, AE;
The Appellant has done an inspection of the relevant sealing register for the period 07/05/2004
to 16/11/2007 and there is no mention of the property 81, A Deep Vihar, Vikash Nagar, Part VI,
Hastsal, New Delhi 59 in the register. The respondent also admits this. However, as per the
information provided to the Appellant earlier the said property was sealed on 09/03/2007 and
31/10/2007. The Appellant shows that the information provided earlier is contradictory to the
information that emerges from the sealing register.
The Commission directs the Dy. Commissioner (West Zone) to inquire into this contradiction and send
an explanation about this contradiction to the Appellant and the Commission before
30 November 2011.
Adjunct Decision:
The Commission directs the Dy. Commissioner (West Zone) to inquire the
contradiction and send a report to the Appellant and the Commission before
30 November 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
24 October 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)
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