Central Information Commission Judgements

Mr.Dinesh Chandra Jain vs Mcd, Gnct Delhi on 8 December, 2010

Central Information Commission
Mr.Dinesh Chandra Jain vs Mcd, Gnct Delhi on 8 December, 2010
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796

                     Decision No. CIC/SG/A/2010/002900, 2901, 2906, 2907, 2909, 2913, 2914/10372
                             Appeal No. CIC/SG/A/2010/002900, 2901, 2906, 2907, 2909, 2913, 2914

Relevant Facts

emerging from the Appeal

Appellant : Mr. Dinesh Chandra Jain
Quarter No. 2, Double Storey Welcome,
Phase-III, Delhi – 110053.

Respondent : Public Information Officer & Suptdg. Engineer-I
Municipal Corporation of Delhi
Shahdara South Zone, Zonal Office
Building, IIIrd Floor, Karkardooma,
Delhi – 110092.


       File     Information Sought       PIO's       Reply First Appeal Date   FAA's     order
       No.                               Date                                  Date
       00290    29/06/2010               09/08/2010         06/08/2010         Not ordered
       0
       00290    25/06/2010               09/08/2010         03/08/2010         Not ordered
       1
       00290    24/06/2010               09/08/2010         03/08/2010         Not ordered
       6
       00290    04/06/2010               Not clear          05/07/2010         Not ordered
       7
       00290    29/06/2010               06/08/2010         06/08/2010         Not ordered
       9
       00291    22/06/2010               09/08/2010         03/08/2010         Not ordered
       3
       00291    25/06/2010               09/08/2010         03/08/2010         Not ordered
       4

Hearing Notice Sent on               :      11/10/2010
Hearing Held On                      :      08/12/2010

Information Sought:

The Appellant sought following information regarding various properties no. M-242, Main Road, Gandhi
Nagar(002900), 20/7, Gandhi Nagar, Gali No.4, Delhi (002901), 45/5, F East Azad Nagar, Shahdara
South Zone, Delhi (002906), 99, Rashid Market, Main Market, New Govind Puri, Krishna Nagar, Delhi
(002907), 14/145, Geeta Colony, Delhi (002909), C-39, Kanti Nagar, Delhi (002913) and 1954, Gandhi
Nagar, Gali No.3, Delhi.

1) Whether the permission for the construction at said properties was taken from MCD.

2) Copy of building plan in regard to said properties.

3) Name and designation of the engineer who approved the building plan.

4) Name of the person responsible for the illegal construction.

Reply of the PIO:

1) No permission had been taken.

2) As above.

3) MCD had not approved the any building plan in this regard.

4) The owner of the property.

First Appeal:

Non-receipt of information from the PIO within the stipulated time.

Order of the FAA:

Not ordered

Ground of the Second Appeal:

Non-receipt of information from the PIO within the stipulated time and no action taken by the FAA.

Relevant Facts emerging during Hearing:

The following were present
Appellant : Mr. Dinesh Chandra Jain
Respondent : Absent;

The Respondent states that the properties about which he sought information were being
constructed at the time he filed the RTI Application. He thus states that in the mean time completely
illegal buildings have come up at the seven sites mentioned by him. The Appellant points out that these
illegal buildings are in the infamous Shahdara South Zone. The Appellant states that he would like to
inspect the properties with the PIO.

Decision:

The Appeal is allowed.

The Commission directs the PIO or his representative to conduct a joint inspection
of the properties with the Appellant to record with photographs if new buildings are being
constructed or has been constructed on 28 December 2010 at 11.00AM. They will meet at
the office of the PIO and make a joint inspection report signed by both.
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
08 December 2010
(In any correspondence on this decision, mention the complete decision number.) (GJ)