Central Information Commission Judgements

Mr.Inder Pal Kalra vs Mcd, Gnct Delhi on 18 August, 2010

Central Information Commission
Mr.Inder Pal Kalra vs Mcd, Gnct Delhi on 18 August, 2010
                        CENTRAL INFORMATION COMMISSION
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                                 Tel: +91-11-26161796

                                                             Decision No. CIC/SG/A/2010/001505/9035
                                                                    Appeal No. CIC/SG/A/2010/001505

Relevant Facts

emerging from the Appeal

Appellant : Mr. Inder Pal Kalra
S/o O.P. Kalra,
3141, Ram Bazaar, Mori Gate,
Delhi-06.

Respondent                          :       Mr. Sushil Kumar
                                            Public Information Officer & S.E.
                                            Municipal Corporation of Delhi
                                            City Zone, M.U.L.G. Car Parking,
                                            Asaf Ali Road, Delhi.

RTI application filed on            :       08/04/2010
PIO replied                         :       12/05/2010
First appeal filed on               :       04/05/2010
First Appellate Authority order     :       01/06/2010
Second Appeal received on           :       02/06/2010

The appellant had filed a complaint for illegal construction at Property no. 3614, Main Road, Mori Gate,
Delhi-06.

Sl. Information Sought Reply of the PIO

1. Certified copies of the permission granted by MCD (City Zone) to the No permission had been
owner of Property no. 3614, Main Road, Mori Gate, Delhi-06, for granted.
allowing the illegal construction to be carried out. If not, then the
reasons for the same.

2. Certified copies of the approved site plan of the above mentioned No site plan had been
property in respect of the illegal construction being carried out on the approved.
said property. If not, then the reasons for the same.

3. Certified copies of the On Site Verification Report prepared by J.E., No such Report was
MCD (City Zone) in respect of the illegal construction being carried out available.
on the said property. If not, then the reasons for the same.

4. Certified copies of the Action Taken Report prepared by MCD(City The owner had repaired
Zone) in respect of the illegal construction being carried out on the said his shop so no action was
property. If not, then the reasons for the same. required.

5. Certified copy of the Official File Notings prepared by MCD(City No such notings were
Zone) in respect of the illegal construction being carried out on the said prepared.
property. If not, then the reasons for the same.

6. Certified copies of the Direction received by MCD (City Zone) in No illegal construction
respect of the illegal construction being carried out on the said property. was carried out.
If not, then the reasons for the same.

7. Certified copies of the Direction given by the E.E., MCD (City Zone) in No such directions were
respect of the illegal construction being carried out on the said property. issued.

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If not, then the reasons for the same.

8. Certified copies of the Show cause notice given by MCD (CZ) to the No such sealing action
owners in respect of the illegal construction being carried out on the was initiated.
said property. If not, then the reasons for the same.

9. Certified copies of the Notice/Information received from the concerned No illegal construction
P.S. Kashmere Gate by MCD (City Zone) in respect of the illegal was carried out.
construction being carried out on the said property. If not, then the
reasons for the same.

10 Name and designation of all the officers of the MCD(City Zone) in No illegal construction
. whose jurisdiction the illegal construction is being done. was carried out.
11 Certified copies of the Action Taken Report prepared by J.E. and A.E., The owner had repaired
. MCD (CZ) in whose jurisdiction the illegal construction is being done. his shop so no action was
required.

Grounds for the First Appeal:

Unsatisfactory information was provided by the PIO.

Order of the First Appellate Authority (FAA):

The PIO was directed to provide the complete information to the Appellant within 7 days.

Grounds for the Second Appeal:

Non-compliance of the FAA’s order.

Relevant Facts emerging during Hearing:

The following were present:

Appellant: Mr. Inder Pal Kalra;

Respondent: Mr. Sushil Kumar, Public Information Officer & S.E.;

The PIO has given certain information but is now directed to give the following information:
1- Query-9: Certified copies of the Notice/Information received from the concerned P.S.
Kashmere Gate by MCD (City Zone) in respect of the illegal construction being carried out on
the said property.

Decision:

The Appeal is allowed.

The PIO is directed to provide the information on point-1 as directed above to the
appellant before 20 September 2010.

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
18 August 2010
(In any correspondence on this decision, mention the complete decision number.)(ND)

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