CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai, New Delhi 110067.
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/001831/4852
Appeal No. CIC/SG/A/2009/001831
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Kali Ram Tomar
1/4196, Ram Nagar Extn.,
Loni Road, Shahdara,
Delhi-110032
Respondent : Public Information Officer
Municipal Corporation of Delhi,
Office of the Superintending Engineer-II,
Shahdara South Zone, Karkardooma
Delhi-110092
RTI application filed on : 15.04.2009
PIO replied : 21.05.2009
First appeal filed on : 05.06.2009
First Appellate Authority order : 05.07.2009
Second Appeal received on : 23.07.2009
Information sought:
The Appellant vide his RTI Application sought for the following information regarding some
unauthorized construction:
1. That construction of commercial building/flat which is being done in unauthorized manner going
on at F-44, Samas Pur Road, Pandav Nagar, Delhi-110092, has its map been passed as per the
rules by the DDA?
2. If map has been passed then for how many varg gaj it has been passed?
3. Whether the map passed is commercial or residential map?
4. If its being constructed in an unauthorized manner without a map then what action has been taken
as per DDA Act?
5. Has any report been filed in the Police Station against this unauthorized construction?
6. Has area police registered any complaint against this unauthorized construction?
7. Was any complaint lodged to Deputy Commissioner, Superintendent Engineer, Executive
Engineer, DDA, Shahdara South against this unauthorized construction?
8. What action was taken against this unauthorized construction on 30/03/2009?
9. Which officer is investigating on the complaint of 30/03/2009? Give the name and the designation
of the officer.
PIO’s Reply:
PIO gave the information which the Appellant alleged to be wrong.
Order of First Appellate Authority:
FAA ordered PIO to provide information to the Appellant within ten days.
Grounds for Second Appeal:
The Appellant has alleged that the PIO has not provided any information till date.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Kaliram Tomar
Respondent: Mr. Pushkar Sharma, SEII, PIO, Shahdara South; Mr. SP Tanwar, EE (B)-II, APIO
The then PIO had given the information that as per records no building construction had been
sanctioned on the said plot. The Appellant had filed a complaint about an illegal construction of a four
storeyed building being in progress but the then PIO Mr. Ranvir Singh had given the information that
there was no complaint on record. The Appellant alleges that is systematic modus operandi in which
without any authorization or permissions buildings are constructed in collusive collaboration with
MCD engineers. the Appellant states that inspite of complaints, MCD officers act as if the construction
activities are invisible and when the building in complete it is claimed that the building has been in
existence before and the Delhi Govt.’s blanket immunity to illegal works before 2007 is used to allow
these buildings to continue without any hindrance. The Appellant has brought a photograph of the
building being constructed at that site.
The Commission orders a joint inspection of the site on 23/09/2009 at 11 am. Mr. SP Tanwar and the
Appellant will conduct the joint inspection, take photographs of the site and make minutes of the
meeting to record the existing position.
Decision:
The Appeal is allowed.
The joint inspection report with photographs will be prepared and a copy given to the Appellant and
the Commission before 25/09/2009.
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, 2005.
Shailesh Gandhi
Information Commissioner
18 September 2009
(In any correspondence on this decision, mentioned the complete decision number.) (AA)