CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/002177/15697
Appeal No. CIC/SG/A/2011/002177
Relevant Facts
emerging from the Appeal
Appellant : Mr. Dhiraj Batra
Add-17-B/18, Dev Nagar, Karol Bagh,
New Delhi-110005.
Respondent : Mr. K. P. Singh
PIO & SE-I
Municipal Corporation of Delhi
Building Deptt. Central Zone,
Lajpat Nagar, New Delhi.
RTI application filed on : 23/05/2011
PIO replied : 24/06/2011
First appeal filed on : 24/06/2011
First Appellate Authority order : 06/07/2011
Second Appeal received on : 27/07/2011
The Appellant has sought following information under the RTI Act 2005:-
Sl. Information sought Reply of PIO 1. How many properties in central zone are sealed from 1st Requisite list of properties sealed by this office in
Jan 2006 till date, please give the list of those properties central zone from 1-1-2006 till date is not available
with their addresses and owners name and the reason or with this office in compiled/material form. However,
sealing. applicant can inspect relevant available record in this
2. How many properties were DeSEALED in central zone office on any working day at 11.00 a.m. with prior
since 1st Jan 2006 till date and on what grounds they intimation in this regard as per provisions of RTI Act-
were d-sealed, the list of those buildings with their 2005 .
addresses and owners name?
3. Whether properties which were D-SEALED after 1st Jan Properties sealed on account of misuse are being de-sealed as per
2007 were with prior approval from monitoring directions of Hon’ble Monitoring Committee, constituted by the
Hon’ble Supreme Court of India. Rest of the information is not
committee or not, if yes then give the copies of the available with this office on record in compiled/material form.
approval from monitoring committee for DeSEALING Documents sought by the applicant through this point are
of the properties, the list of those buildings with their voluminous which will divert the resources of this office, hence
addresses and owners name. applicant can inspect relevant available record in this office on any
working day at 11.00 am, with prior intimation in this regard as
per provisions of RTI Act-2005.
4. After 7-feb-2007 how many properties were constructed Requisite information is not available with this office
on notified commercial street and on mixed land use in material form.
road in central zone, whether these buildings are being
used for residential purpose or commercial purpose,
please give the list of these buildings with their
addresses and owners name.
5. The complete list of employees working at building Requisite information is as per Annexure-‘A’
deptt. MCD cnz with their names, designation, mobile
phone numbers, office phone numbers and tenures at
MCD CNZ.
6. Properties which were sealed after 1 jan 2006 and were Requisite information is not available with this office
not d-sealed till date mcd cnz are having a sealed status in material form.
or not, if not than please give the list of those properties
in central zone which were sealed and had broken the
seal.
Grounds for the First Appeal:
Non-receipt of the information from the PIO.
Order of the First Appellate Authority (FAA):
“Appeal was heard in detail. Appellant was not satisfied with the information provided by the PIO.
Representative of PIO informed that the information sought by the appellant is not available in compiled
form. Hence, appellant was requested to inspect the relevant record which he has not inspected so far. In
the course of hearing, appellant was once again requested for inspection, to which he agreed. Accordingly,
appellant is directed to inspect the relevant record available with the PIO on 14.07.2011 at 11.00 AM. It
was also informed to the appellant during the hearing.”
Grounds for the Second Appeal:
Unsatisfactory response received from the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Dhiraj Batra;
Respondent : Mr. Rakesh Kumar, AO and Mr. Arun Kumar, AE(B) on behalf of Mr. K. P. Singh, PIO &
SE-I;
The Appellant claims that he was not given an inspection, whereas the respondent claims that the
Appellant refused to inspect the records. The Commission directs the PIO to bring the Sealing Register
and the file where Police has been informed about the tampering of the seals from 2006 onwards and give
an inspection of these records to the Appellant in the office of the Commission on 29/11/2011 from
11.30AM onwards.
Decision:
The Appeal is allowed.
The PIO is directed to bring the records as directed above at the office of the
Commission on 29 November 2011 at 11.30AM so that the Appellant can inspect them.
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
16 November 2011
(In any correspondence on this decision, mention the complete decision number.)(GS)
