Mr.Mahattam Singh vs Mcd, Gnct Delhi on 29 July, 2010

Central Information Commission
Mr.Mahattam Singh vs Mcd, Gnct Delhi on 29 July, 2010
                         CENTRAL INFORMATION COMMISSION
                             Club Building (Near Post Office)
                           Old JNU Campus, New Delhi - 110067
                                  Tel: +91-11-26161796

                                                     Decision No. CIC/SG/A/2010/001681+001552/8750
                                                            Appeal No. CIC/SG/A/2010/001681+001552

Relevant Facts

emerging from the Appeal

Appellant : Mr. Mahatam Singh
C-158, Jwalapuri, Camp No-4,
Sunder Vihar, New Delhi-110087

Respondent : Mr. K. C. Meena
Public Information Officer & SE-II
Municipal Corporation of Delhi
Office of Superintending Engineer – II (WZ)
Vishal Enclave, Rajouri Garden,
New Delhi- 27.

RTI application filed on             :       07/10/2009
PIO replied                          :       13/01/2010
First appeal filed on                :       08/12/2009
First Appellate Authority order      :       14/01/2010
Second Appeal received on            :       21/06/2010

Information Sought

The Appellant sought information regarding –

• Entire record of sanctioning of plans, and issuance of show cause notices for illegal constructions
made in respect of property, bearing no. K-30, Udyog Nagar, Peeragarhi Chowk, Rohtak Road,
New Delhi and the actions taken in respect of the said notices of demolition issued with regard to
this property and if any compounding made , full records thereof be furnished.

(The Applicant states that the information sought by him does not fall within the restrictions under Section
6 of the Right to Information Act and is required for court purposes and to the best of the knowledge of
the Applicant this information sought pertains to the concerned Department.)

Reply of the Public Information Officer (PIO)
• Yes, the unauthorized construction is in the shape of big hail at FF and is booked vide file NO.
52/B/UCING/99 dt 09.08.99.

• As per the available record, the roof of the ball was partly demolished on 21.03.2001 and on
21.06.01 and-the recommendation for demolition charges- of Rs. 3575 and Rs. 4700 was made for
charging by staff of Najafgarh Zone.

• The demolition programme was supervised by JE(B) NG zone, the name of the concerned is not
mentioned in the file.

• The copy of the demolition report is submitted for onward submission to the applicant.
Photographs of the same are not available.

Grounds for the First Appeal:

Unsatisfactory information provided by the PIO
Page 1 of 2
Order of the First Appellate Authority (FAA):

PIO is directed to provide the complete information to the Appellant by 25/01/2010.

Grounds for the Second Appeal:

Unsatisfactory information provided by the PIO

Relevant Facts emerging during Hearing:

The following were present
Appellant: Mr. Mahatam Singh;

Respondent: Mr. K. C. Meena, Public Information Officer & SE-II;

The RTI application had first gone to PIO & SE-I Mr. V. R. Bansal. The fist reply was provided
by Mr. V. R. Bansal, SE-I on 13/01/2010. After the order of the FAA on 14/01/2010 some information
was provided by SE-I against which the appellant filed another appeal before FAA which was decided on
22/04/2010 in which the FAA directed PIO & SE-II to provide the information. After this PIO & SE-II
has provided information to the appellant on 27/04/2010.

The PIO SE-II has provided most of the information but is now directed to provide the following
additional information:

1- Copy of inspection report of the site and copy of the building plan. The PIO states that the
building plan is with SE(B) HQ, Town Hall. The commission directs Mr. K. C. Meena to
procure this plan from SE(B) HQ Town Hall and provide this to the appellant.

The appellant states that when he had gone with the RTI application he was confronted with very rude
behavior of Mr. Vijendra Singh Dahiya, AE who refused to receive the RTI application and throw the
papers. The appellant has filed a complaint about this with Dy. Commission west zone on 08/12/2009.
The Commission directs Dy. Commissioner West Zone to inform the appellant and the Commission
before 15 August 2010 about the action taken on the complaint of the appellant.

Decision:

The Appeal is allowed.

The PIO SE-II is directed to provide the information as directed above to the
appellant before 20 August 2010.

The Commission also directs Dy. Commissioner West Zone to inform the appellant
and the Commission before 15 August 2010 about the action taken on the complaint of the
appellant.

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
29 July 2010
(In any correspondence on this decision, mention the complete decision number.)(YM)
CC:

To,
Dy. Commissioner West Zone through Mr. K. C. Meena, Public Information Officer
& SE-II;

Page 2 of 2

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