Central Information Commission Judgements

Mr. Manoranjan Chopra vs Mcd on 7 April, 2010

Central Information Commission
Mr. Manoranjan Chopra vs Mcd on 7 April, 2010
                   CENTRAL INFORMATION COMMISSION
                       Club Building (Near Post Office)
                     Old JNU Campus, New Delhi - 110067
                            Tel: +91-11-26161796

                                                   Decision No. CIC/SG/A/2010/000501/7385
                                                          Appeal No. CIC/SG/A/2010/000501

Relevant Facts

emerging from the Appeal:

Appellant                           :      Mr. Manoranjan Chopra,
                                           2 Bank Enclave,
                                           Luxmi Nagar,
                                           New Delhi - 110092

Respondent                          :      Public Information Officer &
                                           Superintending Engineer - I,
                                           Shahdara South, MCD,
                                           Zonal Office Building, IInd Floor,
                                           Karkardooma, Delhi - 110032

RTI application filed on            :      23/09/2009
PIO replied                         :      30/09/2009
First appeal filed on               :      30/10/2009
First Appellate Authority order     :      No Order
Second Appeal received on           :      24/02/2010
Date of Notice of Hearing           :      12/03/2010
Hearing held on                     :      07/04/2010

Regarding Action taken on complaint against unauthorized/        unapproved construction w.r.t.

property located at 1, Krishnan Kunj, Laxmi Nagar, Delhi – 92.

Sl.                     Information sought                                  Reply of PIO
1.   Date wise action initiated by MCD officers w.r.t.           As per record, no any action has
     complaint dated 31/07/2009 and reminders dated              been carried out on this property.
     02/09/2009 and 03/09/2009.
2.   Whether the concerned officers have submitted any           The field staff has inspected in the
     Inspection Report on above mention property reported        area
     by Bank Enclave RWA?
3.   Whether the owner of the said property has applied for      Not applied

any building plan sanction? If yes, has the same been
approved by MCD?

4. Whether any Stacking charges/ Betterment charges have Not applied
been deposited before construction of the said property?
If yes, provide details of Challan no., date and amount.

5. If no stacking charges have been deposited before Not applied
construction, whether any penalty has been levied by
MCD due to the non payment of the same? Details of
challan and amount of fine.

6.   Name and address of registered owner of the aforesaid       As per record, this information is not
     property.                                                   available in the office.
     Details of:
              1. Area/size of plot, sanctioned built up area.                           As per record, this information is not
             2. Actual built up/covered area as per your record.                       available in the office.

As per record, this information is not
available in the office.

Grounds for First Appeal:

No information supplied by PIO

Order of First Appellate Authority:

No Order.

Grounds for Second Appeal:

Grounds for First Appeal and no order of FAA.

Relevant Facts emerging during Hearing:
The following were present:

Appellant: Mr. Manoranjan Chopra
Respondent: Absent;

The Appellant alleges that an illegal building of two and half storied has been constructed
at 1, Kishan Kunj (Adjacent to 2 Bank Enclave), Laxmi Nagar, Delhi – 110092. He alleges that
the complete structure is illegal and unauthorized and it encroaches on a DDA approved park.
The PIO has provided information that no action has been taken and that as per their reports and
inspection no unauthorized construction was found. The Commission directs the PIO to provide
photocopies of the Junior Engineers Diary for that area for the period July 2009 to December
2009.

Decision:

The appeal is allowed.

The PIO is directed to give the information to the Appellant as directed above before 20
April 2010.

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
07 April 2010
(In any correspondence on this decision, mention the complete decision number.) (AS)