CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/001959/14238
Appeal No. CIC/SG/A/2011/001959
Relevant facts emerging from the Appeal:
Appellant : Mr. Mukesh Kumar
WP-121 Wazir Pur Ashok Vihar,
Delhi-110052.
Respondent : Mr. R. Prasad
PIO & SE
Municipal Corporation of Delhi zonal Office,
O/o The Superintending Engineer,
Civil lines Zone, 16, Rajpur Road,
Delhi-110054.
RTI application filed on : 20-04-2011
PIO replied on : 02-06-2011
First Appeal filed on : 01-06-2011
First Appellate Authority order of : --- ---- ----
Second Appeal received on : 16-07-2011
Sl. Question Number Answer
1. If any map passed by MCD Bldg. Deptt. in concern with According to the records of Bldg. Deptt.
construction. If yes, please give photocopy of such map. Does of Civil line Zone, there is no
Commissioner know about this unauthorized construction? Give confirmation given to the stated
details with records. property's map for the past five years.
2. Give details on how much payment paid to pass such map. If the As stated above.
payment made through cheque/DD, then give the Cheque/DD
No. with bank name (give details in form of photocopy). Is this
map is residential or for business purpose?
3. If MCD has not provided any confirmation regarding this According to the records, the Bldg. Deptt.
construction, then what type of action been taken by the Deptt? Civil Line Zone did not have any record
Give reason on why the FIR is not filed against the construction against such construction.
holder?
4. Is MCD had booked any of such construction for disposing? If As according to records, Bldg. Deptt.
yes, then what are the causes that the building is not disposed Civil Line Zone had not booked any
yet? property since past five years.
5. If any doubt is coming in respect of disposing such properties, Is As according to records, there is no
the deptt. had seal any of them. If not, then why? sealing file available in Bldg. Deptt. Civil
Line Zone.
6. If any map is passed by the MCD, the concern construction is There is no confirmation of any map.
done under it? If no, then what action is taken by the MCD Bldg.
Deptt. Rohini?
7. Who was the authority which given the duty of such This information is not available at Bldg.
construction, if the map was passed? Give the Name and Mobile Deptt. Civil Line Zone’s record.
No. of the officer.
8. Names and present designation and posting of the Assistant There is no record available at Bldg.
Engineer, Executive Engineer and the Superintending Engineer Deptt. Civil Line Zone regarding
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to whom the said Junior Engineer submitted the report? Inspection.
9. Give details in dimentions about the area of the stated property. This information is not available at Bldg.
Deptt. Civil Line Zone’s record.
10. What was the situation of the property before the unauthorized This information is not available at Bldg.
construction, in respect that how many floors or rooms was made Deptt. Civil Line Zone’s record.
and how much was the coverage?
11. How much % area comes under coverage which gets This information is not available at Bldg.
confirmation? Deptt. Civil Line Zone’s record.
12. If any confirmation or map issued then inform that for how many There is no such map provided.
floor, rooms, kitchen and bathrooms have comes under this
confirmation?
13. Is this construction done under the part of the property? This information is not available at Bldg.
Deptt. Civil Line Zone’s record.
14. How many complaint/complaints received regarding this This information is not available at Bldg.
unauthorized construction? Give the departmental copies on Deptt. Civil Line Zone’s record. It is
which the complaint was filed, complainant’s name (if you wish prayed to the appellant that he must come
to) and also inform that what action was took on that complaint? to the Deptt.(after giving pre-information)
and self-inspect all the records. There is
not any action taken since past five years
to the concern property.
15. Please provide Name and Govt. mobile no. of the officers of the The following officers are employed in
concern Bldg Deptt. deptt.:-
Junior Engineer: Sh. Iqbal Umar Khan.
Assistant Engineer: Sh A.V.Sharma.
Superintending Engineer: Sh J.S. Yadav.
Executive Engineer: Sh Rajender Prasad.
16. Is Mahender Park and Sanjay Nagar are a regular colonies? How This information is not available at Bldg.
many part of these colonies are comes under unauthorized Deptt. Civil Line Zone’s record. It is
construction and MCD? prayed to the appellant that he must come
to the Deptt.(after giving pre-information)
and self-inspect all the records.
17. That an officer is appointed to check all these unauthorized The stated information is not comes under
constructions, and under such officer these unauthorized RTI Act 2005.
constructions are taken place. There must be a strong action been
taken against such officers and provide all details in respect of
this.
18. If the Bldg. Deptt. officers are not concerned about the No information was sought.
unauthorized constructions taken place in their areas, then these
irresponsible officers do not have any right to sit on their
respected posts. Give details about name and address of such
officers.
19. The persons who helped or support these irresponsible officers in The information sought is not comes
construction of such unauthorized properties must be come under under RTI Act 2005.
a heavy action. Give details on when any action taken against
these officers.
20. That who was allotted the land and which was the agency under There is no such record available.
which these construction was been done. Give information with
records.
21. According to the Urban Development Department all such The information sought is not comes
properties are unauthorized which construct after Feb. 8, 2007. If under RTI Act. 2005.
Mahendra Park is Unauthorized colony, then who was
responsible for such constructions and what actions should be
taken against persons relating these. Give details in records.
22. Give details on safety Certificates issued with records. There is no such record available in Bldg.
Deptt. Civil Line Zone.
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Grounds for the First Appeal:
Unsatisfactory reply was given to the appellant by the PIO.
Order of the First Appellate Authority (FAA):
“FAA order is not received/mentioned.”
Ground of the Second Appeal:
Unsatisfactory information had been provided by the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Mukesh Kumar;
Respondent : Mr. N. K. Yadav, AE on behalf of Mr. R. Prasad, PIO & SE;
The Appellant has stated that an illegal multistoried building with lift is being constructed next to
C-12 and E-1. The PIO has given information that no plan has been approved and as per records no
building is being constructed. It is evident that the Appellant is drawing the attention of the MCD officers
to the construction of an illegal building and this is job that MCD Engineers are expected to do. But the
respondent states that no inspection has been carried out since the MCD officers do not have time to look
at the illegal construction.
The appellant would like to inspect the site with MCD officers.
Decision:
The Appeal is allowed.
The Commission directs the PIO to send a representative with the Appellant for a
joint inspection of the said property on 29/08/2011. Both the parties will meet at the office
of EE(B), Civil Lines Zone at 10.30AM. They will make a joint inspection report and also
take photographs and both parties will sign these. The Commission expects that if illegal
construction is goingon MCD will book the property and take action as per the law.
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
24 August 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)
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