CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001286+001551/13286
Appeal No. CIC/SG/A/2011/001286+001551
Relevant facts emerging from the Appeal:
Appellant : Mr. Hiralal,
R/o 7/38, Ramesh Nagar,
Delhi- 110015.
Respondent : Mr. K. S. Meena
Public Information Officer & Dy. Director (Horti.)
Municipal Corporation of Delhi,
West Zone Horticulture,
Rajouri Garden, Vishal Enclave,
New Delhi.
RTI application filed on : 05/01/2011
RTI transferred on : 24/02/2011 to EE M-I West Zone.
PIO replied on : 04/02/2011
18/02/2011
First Appeal filed on : 03/03/2011
First Appellate Authority order of : 15/04/2011
Second Appeal received on : 12/05/2011
Information Sought:
In respect of a Park of 7 Block, Ramesh Nagar, New Delhi -- 110 015, which is situated in front of
House Nos. 7/21 to 7/59, provide the following information:
1. What is the width and length of the park in your official record?
2. What is the physical/actual width and length of the park?
3. Approximately 18-20 years back, the width of this park had been reduced. Please provide the
details in respect of the following:
a) What are the reasons for reducing the width of this park?
b) Attested copies of noting and sanction order for reducing the width of this park
(Please provide the attested copies).
c) Please provide the details of the contractor to whom the work order was awarded (the
work i.e. for bordering the park with reduced width) [Please provide the attested copies
of work order.
d) Please provide the details of expenditure incurred on this work.
(Please provide the attested copies of bills of expenditure).
4. In this park, which is under your jurisdiction, a mandir is constructed. Please provide
information in respect of this mandir:
a) Whether the space covered by the mandir authorities in the park (approx. 250-300 sqyd), is
provided / authorized / regularized by the MCD?
b) Whether the MCD has given the identities by way of address i.e. 7/38- A, Vaishnu Devi
Mata Mandir, Ramesh Nagar, New Delhi?
c) Whether the mandir authorities pay the Property Tax in respect of the space occupied by
them? If yes, please state from which date and which rate?
d) Whether the MCD has given permission to obtain Voter ID, Electricity Connection, Water
Connection, Gas Connection and Passport etc. to the residents of this mandir?
e) Whether the pujaris/pandits are appointed by the MCD?
f) Whether the collection/donation is collected by the MCD authorities?
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Reply of the PIO dated 04/02/2011 by Exec. Engineer (M)- I/WZ
1. Pertains to Horticulture Department.
2. As per site the existing length and width of park is 80m x 26m.
3. a) Pertains to Horticulture Department as this office executes improvement/repair works of
parks as per the requisition made by Horticulture Department/discretionary fund.
b) Pertains to Horticulture Department as this office has no official record available in this
regard.
c) The information is pertaining to 18-20 years back and the same is not available this office as
per format desired by the applicant. Further it is requested that the applicant may carry out
inspection of the records available in this office during any working day.
d) As above.
4. a) Pertains to Horticulture Department being a land owning agency of parks.
b) As above.
c) Pertains to House Tax Department.
d) This office has not granted any permission and further the information desired pertains to
Election Office, electrica1 Dept. Delhi Jal Board, IGL and Passport office Delhi Govt. and
Horticulture Department (MCD).
e) No.
f) This Office has no information in this regard.
Reply of the PIO dated 18/02/2011 from PIO/DDH/WZ
1. The length and width of the park is 77.05 m and 28.25 m respectively.
2. As above.
3. a) There is a temple in this park which was constructed as a place of worship. 20-25 years back
the area of the park might have been reduced due to the construction of this park.
b) Such information is not recorded in the office.
c) The information sought is related to the Office of Engineer.
d) The information sought is related to the Office of Engineer
4. a) The information sought is not related to the Horticulture department.
b) The information sought is not related to the Horticulture department.
c) The information sought is not related to the Horticulture department.
d) The information sought is not related to the Horticulture department.
e) The information sought is not related to the Horticulture department.
f) The information sought is not related to the Horticulture department.
Grounds for the First Appeal:
The information provided by the PIO is not complete and satisfactory.
Order of the First Appellate Authority (FAA):
The FAA observed that the reply has been given by the PlO as per record available with him.
However, the appellant is not satisfied with the reply and has stressed that he has some old
photographs which show area of park to be more than what has been given to him in the reply of RTI
application The appellant is advised to supply all those documents to the DDH so that appropriate
action can be taken in the matter by him.
Ground of the Second Appeal:
The information provided by the PIO is unsatisfactory.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Mr. Hiralal;
Respondent: Mr. K. S. Meena, Public Information Officer & Dy. Director (Horti.);
The Appellant claims that the park in front of House Nos. 7/21 to 7/59 has become smaller
over the years and has therefore sought the dimensions of the said park. The department has provided
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after measuring the park and has stated that the park size is 77.05meters X 28.25meters. The
Horticulture department has stated that his size has been given after measurement. The Engineering
Department has provided the park size as 80 meters X 26 meters. There is a discrepancy in the figures
provided by the Engineering Department and Horticulture Department.
The Commission directs Additional Commissioner (Engineering) and Additional Commissioner
(Horticulture, IT & Health) to confirm the actual size of the park as per available records and inform
the Appellant about this.
Decision:
The Appeal is allowed.
The Commission directs Additional Commissioner (Engineering) and Additional
Commissioner (Horticulture, IT & Health) to confirm the actual size of the park as per
available records and inform the Appellant about this before 10 August 2011.
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 July 2011
(In any correspondence on this decision, mention the complete decision number.) (SH)
Copies through Mr. K. S. Meena, Public Information Officer & Dy. Director
(Horti.) to the following:
1- Additional Commissioner (Engineering);
2- Additional Commissioner (Horticulture, IT & Health);
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