CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001517/13478
Complaint No. CIC/SG/C/2010/001517
Relevant Facts
emerging from the Complaint:
Complainant : Mr. Dhruv Kumar Sharma
Chamber No. 306, Civil Wing,
Tis Hazari Courts,
Delhi- 110 054
Respondent : Mr. Anant Prakash Jain
PIO & Dy. A & C
Municipal Corporation of Delhi,
Assessment & Collection Department,
Civil Lines Zone, 16 Rajpur Road, Civil Line,
New Delhi- 110 054
RTI application filed on : 03/08/2010
PIO replied : 06/05/2011
1st appeal filed on : 02/11/2010
Complaint received on : 15/12/2010
Complaint notice sent on : 20/12/2010
Information sought:-
The appellant wants the following information:-
1. Does Municipal Corporation of Delhi possess power/authority to sanction site plan of construction
of new building at plot bearing No. 1598, Madarsa Road K. Gate D-6 which is adjacent to “City
Wall”, without obtaining permission from DDA?
2. In what circumstances the construction of basement could be allowed, at the plot which is adjacent
to “City Wall” after the commencement of Delhi Ancient and History Monument and
Archeological sites and Remains Act 2004?
Reply from PIO:-
1. MCD possess the power/ authority to sanction plan of construction of any building falling under
the jurisdiction of MCD as per building Bye- laws and MPD- 2021 both of which are public
domain documents. Complaint was advised to refer these documents (MPD-2021 &BBL) &
detailed information regarding sanctioning of plan by MCD.
2. The question does not pertains to any record of EE(B)/ CLZ as it is an explanation sought by the
applicant, however, basement in any building is allowed only as per Building Bye- Laws & MPD
which are available in public domain.
Ground of the Complaint:
Information not provided by PIO.
Submissions received from the PIO:
a) Vide letter dated 08/09/2010 the PIO of Department of Archaeology transferred the
application to the Chief Town Planner, MCD, Delhi as it was not in his jurisdiction.
b) Since the RTI application was not available in the records of Town Planning Deptt the RTI
application was transferred to PIO/SE(B) HQ, MCD dated 16/09/2010 for its reply.
c) The reply was supplied by the PIO vide letter dated 06/05/2011.
Submissions received from the Complainant:
1. Vide letter dated 18/05/2011, the complainant submitted that the CPIO has not given proper reply
to the notice of the Commission dated 20/12/2010 by refusing to provide the information to the
complainant.
2. The Complainant, Dhruv Kumar Sharma vide letter dated 15/12/2010 submitted before the
commission that the mandatory period by which the CPIO concerned was to furnish the
information to his RTI application letter dated 03/08/2010 has elapsed, but information sought has
not yet been provided to him.
Relevant Facts emerging during Hearing:
The following were present
Complainant: Mr. Dhruv Kumar Sharma;
Respondent: Mr. Anant Prakash Jain, PIO & Dy. A & C;
The queries of the complainant do not seek any information which would be matter of record with
any department. The Complainant had filed the RTI application with Archeological Department and the
PIO without any application of mind transferred it to PIO Chief Town Planner and PIO, Building
Department MCD. After this it gone on a wild goose chase with various officers and some vague replies
have been attempted. The actual fact is that what is being sought is not information as defined under
Section 2(f) of the RTI Act and would be a matter or record. This actually shows lack of understating of
what constitutes information amongst various PIOs. If there is nothing on record this should be
categorically stated and the Complainant informed accordingly.
Decision:
The complaint is disposed.
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 July 2011
(In any correspondence on this decision, mention the complete decision number.) (SD)