CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001164/12958
Appeal No. CIC/SG/A/2011/001164
Relevant facts emerging from the Appeal:
Appellant : Mr. Murali Dhar Tiwari,
116, Shiv Shankar Purana Kapda Market,
Qutub Road, Sadar Bazar,
Delhi- 110006.
Respondent (1) : Mr. Tej Pal Sharma
PIO & Asst. Commissioner,
Land & Estate Department
Municipal Corporation of Delhil,
7th Floor, Civic Centre, Minto Road,
New Delhi 110002
(2) PIO & Assistant Commissioner
Municipal Corporation of Delhi
Sadar Paharganj Zone,
Idgah Road, Paharganj,
Delhi
RTI application filed on : 15/01/2011
RTI Transferred on : 21/01/2011 to PIO (MCD SP Zone)
PIO replied on : No response.
First Appeal filed on : 17/02/2011
First Appellate Authority order of : 21/03/2011
Second Appeal received on : 27/04/2011
Information Sought:
With reference to the 51 shops allotted by the Ministry of Rehabilitation in the Shivaji Market, Aazad
Market, Purana Kapda Market during the 1960-70, which were later transferred to the MCD in 2006.
Which department- Land & Estate Department or the Sadar Paharganj Zone, is responsible for the
maintenance of the shops?
The shopkeepers have encroached the Govt. land and constructed buildings of more than 2-3 floors
and exceeded the 7x6 feet area allotted to them. Who will take action against this illegal construction -
Land & Estate Department or the Sadar Paharganj Zone? As per policies, what action will be taken
against these shopkeepers by the MCD?
Reply of the PIO:
No response.
Grounds for the First Appeal:
The PIO did not provide with any reply to the information sought.
Order of the First Appellate Authority (FAA):
The FAA observed that the applicant has stated in his appeal that he has not been provided any reply,
but, after perusal of the RTI file it reveals that the PIO/L&E has transferred the RTI application of the
applicant dated 18.1.2011 to the PIO/SPZ vide this office letter dated 21.1.2011.
Ground of the Second Appeal:
PIO has not provided any reply for the information sought.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Mr. Murali Dhar Tiwari;
Respondent: Mr. Rakesh Tihara, AO on behalf of Mr. Tej Pal Sharma, PIO & Asst. Commissioner;
The PIO Land & Estate Department states that the information is not held by them and would
be available with the PIO of SP Zone. The PIO had transferred the RTI application to the PIO SP Zone
on 21/01/2011. The Appellant states that he has not received any information on this so far.
Decision:
The Appeal is allowed.
The Commission directs PIO/AC SP Zone to provide the complete information
sought by the Appellant as per records to him before 10 July 2011.
The issue before the Commission is of not supplying the complete, required information by the
PIO/AC SP Zone within 30 days as required by the law.
From the facts before the Commission it appears that the PIO/AC SP Zone is guilty of not furnishing
information within the time specified under sub-section (1) of Section 7 by not replying within 30
days, as per the requirement of the RTI Act.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
PIO/AC SP Zone will present himself before the Commission at the above address on 13 July 2011 at
11.00am alongwith his written submissions showing cause why penalty should not be imposed on him
as mandated under Section 20 (1). He will also submit proof of having given the information to the
appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before
the Commission with him.
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
18 June 2011
(In any correspondence on this decision, mention the complete decision number.) (SS)
Encl: 1- Copy of the RTI application.
2- Copy of transfer letter.
