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Decision No. CIC/SG/A/2010/001154/8083
Appeal No. CIC/SG/A/2010/001154
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Murli Dhar Tiwari,
116,Purana Kapra Market,
Pul Qutab Road, Sadar Bazar,
Delhi- 110006t.
Respondent : Mr. N. K. Gupta
Public Information Officer &
Superintending Engineer, Sadar Paharganj Zone,
Engineering Department,
Municipal Corporation of Delhi,
Room No. 22, Ist Floor,
Behind Sadar Thana, Idgah Road, Delhi.
RTI application filed on : 20/01/2010 PIO replied : 15/02/2010 First appeal filed on : 17/03/2010 First Appellate Authority Ordered on : 07/05/2010 Second Appeal received on : 04/05/2010 Information Sought:
The Applicant wanted to know whether any action would be initiated by the M.C.D. against
persons /shop owners who have encroached upon the patri and roads of M.C.D. by raising shops
and constructing houses by way of illegal construction or unauthorized encroachment, whether
persons who have encroached upon patris outside old buildings by way of either constructing or
extending shops come under the category of encroachers and unauthorized constructors and
whether the Corporation would take steps to demolish or seal such construction. The final query
was whether any survey on the unauthorized construction/encroachment has been done/
proposed to be done by the M.C.D. Specify the time by which such a list would be generated
after conducting the said survey.
Reply of the Public Information Officer (PIO):
Not enclosed.
Grounds for the First Appeal:
The reply furnished by the PIO stated ‘reply attached’ but no information could be deduced from
this reply.
Order of the First Appellate Authority (FAA):
“The PIO states that the information was sent on 15/02/2010 but the appellant states that he
received only the covering letter but did not get the attached reply. The PIO is directed to send
the information within 10 working days.”
Grounds for the Second Appeal:
No information provided to the Appellant by the PIO or the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. Murli Dhar Tiwari;
Respondent : Mr. N. K. Gupta, Public Information Officer & Superintending Engineer;
The PIO states that the information was sent on 15/02/2010 but the appellant states that he
received only the covering letter but did not get the attached reply. The PIO is directed to send
the information within 10 working days. The PIO shows that the information was sent again on
05/05/2010 which is admitted by the appellant. The appellant states that the attachment had not
come with the original letter sent by the PIO on 15/02/2010. The Appellant would like to inspect
the encroachment removal program with the PIO. The PIO offers to show him the encroachment
removal program on 11 June 2010 at 10.00am. The deemed PIO Mr. Gurdip Sing will show him
the encroachment removal program.
Decision:
The Appeal is disposed.
The information has been provided to 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
10 June 2010
(In any correspondence on this decision, mention the complete decision number.)(SC)