CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/002308/15339
Appeal No. CIC/SG/A/2011/002308
Relevant Facts emerging from the Appeal:
Appellant : Mr Bhim Singh Sharma,
House No. 202,
Village Basant Nagar,
New Delhi - 110057.
Ph - 09442226555.
Respondent : The Deputy Commissioner
Municipal Corporation of Delhi,
South Zone, Green Park,
New Delhi - 110016.
Respondent : Public Information Officer
Municipal Corporation of Delhi,
O/o The SE-I,
South Zone, Green Park,
New Delhi - 110016.
RTI application filed on : 29/12/2010
PIO replied : 18/01/2011
First appeal filed on : 31/01/2011
First Appellate Authority order : 04/03/2011
Second Appeal received on : 24/08/2011
Information sought: -
S.No. Information sought PIO response
1 Whether it is correct that a commercial No Such information is available in the
market named Chattar Singh Market office record.
exists in village Basant Nagar, New
Delhi-110057.
2 Whether it is correct that this Chattar -do-
Sing Market falls in house No. 80/3,
80/A, 80/3B, 80/4 and 80/4A of village
Basant Nagar, which are commercial at
Ground Floor plot No. 3 & 4 allotted by
DDA and 12 shops are available in these
2 Plots.
3 Whether it is also correct that House No. -do-
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80/3 is constructed from ground to 4th
Floor, 80/3A upto 3rd floor, 80/3B from
ground to 3rd Floor, 80/4 from ground to
3rd floor and 80/4A from ground to 4th
floor.
4 Whether it is also correct that toilet, -do-
latrine & bath rooms are constructed on
the chajja of House No. 80/4 on the
front side (North Side).
5 Whether any kind of approval has been -do-
obtained or plans got sanctioned from
MCD for House No. 80/3, 80/3A,
80/3B, 80/4, 80/4A & plot No. 3 & 4,
.
Grounds for the First Appeal:
Unsatisfactory information was given by the PIO.
Order of the First Appellate Authority (FAA):
Submissions of PIO and appellant heard, Appellant’s written queries have been examined. Since
the reply of the instant RTI application has already been given, well in time. The grievances of the
appellant are taken as a complaint and the PIO/SE-I is directed to take necessary action in the matter
within 2 Weeks.
Grounds for the Second Appeal:
Unsatisfactory reply and Order of FAA received by the Appellant.
Relevant Facts emerging during Hearing the on 27/10/2011
Appellant: Mr Bhim Singh Sharma,
Respondent: Mr. Bhushan Kumar, A.E. (B), South Zone MCD
The Appellant shows that on query no. 3 where he had sought :- “Whether it is also correct that House No.
80/3 is constructed from ground to 4th Floor, 80/3A upto 3rd floor, 80/3B from ground to 3rd Floor, 80/4
from ground to 3rd floor and 80/4A from ground to 4th floor.” He had been informed that no information
was available on record. The Appellant submits that on 30/04/2009 he was provided information
consequent to the Commission’s order in matter no. CIC/SG/A/2009/000248/2808 that in the same
property ” the existing structure comprised of Ground floor, First Floor, Second Floor and partly 3 floor
was old and occupied. The properties abut on notified commercial road, where commercial activity is
allowed on all the permissible floors” The Appellant states that whereas in 2009 he had been informed
about the existing structure, in 2011 he was given false information that no information was available on
record.
The Commission hereby directs the Deputy Commissioner, MCD South Zone to inquire into this
discrepancy and inform the Appellant and the Commission as to how this false information was provided
to the Appellant.
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Decision
The Appeal is allowed.
The Commission hereby directs the Deputy Commissioner, MCD South Zone to inquire
into this discrepancy and inform the Appellant and the Commission as to how this false
information was provided to the Appellant, identifying the officers responsible for
providing this false information. The Deputy Commissioner will submit the inquiry report
to the Commission and the Appellant before 30th November 2011, after which the
Commission will take further action.
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
27th October 2011
Copy of the RTI information provided in 2009 is attached herewith.
(In any correspondence on this decision, mention the complete decision number.)(GS)
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