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Decision No. CIC/SG/A/2011/000849/12711
Appeal No. CIC/SG/A/2011/000849
Relevant facts emerging from the Appeal:
Appellant : Mr. Harish Kumar,
628/3, Shivaji Road,
Pul Mithai, New Delhi - 110006
Respondent : Mr. Sushil Kumar
PIO & SE (City Zone)
Municipal Corporation of Delhi
Multi Level Car Parking, Asaf Ali road,
New Delhi - 110002
RTI application filed on : 12/10/2010
PIO replied on : Not mentioned.
First Appeal filed on : 03/12/2010
First Appellate Authority order on : 20/12/2010
PIO after First Appeal : 24/12/2010
Second Appeal received on : 31/03/2011
Sl. Information Sought Reply of PIO
1. What is the duration within which the building plans must be Simplified Building plan to be given
sanctioned or rejected? within a week.
2. Within how many days will a plan be deemed to be sanctioned, if As above
there is no official enquiry regarding the application for
sanctioning of building plans?
3. How many meters/feet may be sanctioned for residential and The Building plan upto 400Sq Yrds in
commercial properties? residential use are sanctioned at Zonal
level. The policy matter related to the
sanction of building plans are dealt by
Blgd. (HQ) of MCD
4. Building plans of how many properties have already been Refer MCD's website
sanctioned, along with the following details www.mcdonline.gov.in contact
a. Date of receipt of application and department number Record Keeper, Building Dept, for
b. Name of the home owner along with address of the inspection of the desired documents.
property
c. Details of the floors
d. Receipt number, fee received along with corresponding
dates.
e. Number of days taken to sanction the plan
f. Name and designation of the person who sanctioned
5. How many B-1 notices have been issued to owners of properties Details of list B-1 enclosed and no
with sanctioned building plans after construction has started and action has been taken.
how many owners have started construction without B-1 notices?
What action was and is to be taken against them?
6. How many B-2 certificates have been issued? How many owners Contact Record Keeper, Building
have proceeded with construction without B-2 Certificates? What Dept.
action can be taken against them?
7. In how many properties with sanctioned building plans have Since the query pertains with
illegal divisions? voluminous details, contact Record
Keeper.
8. What action has been taken in this case upto 06/10/2010? Action is taken as per DMC
Act/BBLs. The DMC Act/ BBls can
be found in leading book shops
9. If modifications are made to buildings with sanction plans but Replied in query No.7
without prior approval, will the houses be said to be unauthorized
from the beginning? If yes how many cases have been booked?
and enquiry been made with regard to name of the owner, details
of the property and name and designation of the officer
conducting the enquiry.
10. Copies of Test Check Report and occupancy certificates whether As above
issued?
11. Number of properties for which the Test Check Report have not No such information is available in
been made available, the name of the officer in charge and what the records
action is to be taken against the violators?
12. Details of buildings that have the sanction plan and have been As above
carried according to the plan and the officer in charge.
Grounds for the First Appeal:
Information was not furnished within the prescribed period of 30 days by the PIO
Order of the First Appellate Authority (FAA):
The FAA directed the PIO to send the details regarding the queries within 7 days and warned the PIO
penal sanctions under the RTI Act if the same was repeated in the future. Appeal was thereafter
dismissed.
Ground of the Second Appeal:
PIO has not provided true and complete information as per direction of the FAA.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Mr. Harish Kumar;
Respondent : Absent;
The Appellant states that the reply of the PIO has been sent only on 24/12/2010 after the order
of the FAA. This does not give much information. The appellant has agreed to reduce the period for
which he is seeking information from 2008 to 2010. The PIO is directed to provide the complete
information for queries 4 to 12 to the Appellant. The PIO will however provide the information to the
Appellant about the years for which the construction watch registers are available from 2001 to 2010.
The Appellant will then inspect the construction watch register if he desires.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information with respect to queries 4 to 12 to
the Appellant before 20 June 2011.
The PIO will also provide information about the years for which construction watch
registers are available to the Appellant before 20 June 2011. If the Appellant wishes to
inspect the construction watch registers he will do so on 06 July 2011 from 10.30AM
onwards.
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
06 June 2011
(In any correspondence on this decision, mention the complete decision number.) (Rh)