Central Information Commission Judgements

Mr.P C Chaurasia vs Mcd, Gnct Delhi on 9 July, 2011

Central Information Commission
Mr.P C Chaurasia vs Mcd, Gnct Delhi on 9 July, 2011
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                                                           Decision No. CIC/SG/A/2011/001335/13347
                                                                   Appeal No. CIC/SG/A/2011/001335
Relevant facts emerging from the Appeal:

Appellant                            :      Mr. P.C Chaurasia
                                            S/o Late Shri Jagdish Mandal
                                            R/o B-9/235, Phase-IV,
                                            Aya Nagar Extension
                                            New Delhi-110047

Respondent                   (1)     :      Mr. Rajesh Taneja
                                            PIO & SE-II
                                            Municipal Corporation of Delhi
                                            Superintending Engineer-II
                                            South Zone, Green Park
                                            New Delhi-110016

                             (2)     :      PIO/SDM (Hauz Khas),
                                            Revenue Department, GNCTD
                                            O/o the SDM (Hauz Khas)
                                            Old Tehsil Building, Mehrauli,
                                            New Delhi

RTI application filed on             :      26/10/2010
PIO replied on                       :      21/12/2010
First Appeal filed on                :      27/01/2011
First Appellate Authority order on   :      09/02/2011
Second Appeal received on            :      19/05/2011

The appellant had filed the RTI application with the PIO of the Chief Minister's office, which was
transferred to DC South Zone on 15/11/2010. The EE-M(IV)/SZ concerned PIO replied to the RTI
application on 21/12/2010.
Q.No      Query                                                                            Reply of PIO
A.        Please provide Appellant the actual width of the following roads in the National Aya Nagar is
          Capital Territory of Delhi.                                                      a rural area,
1.1       Road commencing from T-junction on Mehrauli-Gurgaon Road near Metro information
          Station,Arjan Garh to Aya Nagar Bus Terminus.                                    relates      to
2.2       Ch. Sardar Singh(Village Chairman's) House to shri Raghuvir Lohia's floor revenue
          mill.                                                                            department.
3.3       Shri Raghuvir Lohia's floor tuhalipar-Cherriyakara Island Village Chaieman's
          house to Shiv Hansa chowk via MCD overhead(Red Color) water tank.
4.4       Shiv Hansa Chowk to St. Mar's medical centre road connecting Jonapur road on
          bandh road.
B.        Please furnish the failure in removing the illegal encroachments and Aya Nagar is
          constructions on the following public roads in Aya Nagar colony & village rural area. So
          under the nose of authorities like the MCD, South Zone and Deputy ROW pertains
          Commissioner, South Saket, New Delhi.                                            to      revenue
1.1       Please furnish a detailed report as to why such illegal activities and department
               constructions are allowed under the nose of the authorities.                                    regarding
2.2           Please furnish a detailed list of earmarked locations and properties in Aya Nagar               encroachment.
              colony & Village where future demolitions are to be carried out.                                Other points
3.3           Please furnish a report as to why the earmarked illegal demolished properties in                relates to the
              Aya Nagar are illegally permitted to rebuild on the same demolished properties                  building
              with the help of local administration i.e on the public roads as mentioned above                department.
              in item Nos.A(1.1 &4.4)
4.4           Please furnish details of demolition notices issued to various Shop owner's by
              MCD/Others in Aya nagar Colony & Village as mentioned in item nos. A(2.2
              &3.3).

Grounds for the First Appeal:
Information furnished by the PIO, not satisfactory and No reply was provided by the D.C Revenue, South
Zone, Saket, New Delhi.

Order of the First Appellate Authority (FAA):
Appeal disposed. Available information provided. SDM Hauz Khas also said on 8/2/2011 that the
information is not available with them.

Ground of the Second Appeal:
Information furnished by the Competent authorities were not satisfactory.

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. P.C Chaurasia;

Respondent: Mohd. Asif, AE(M-IV) and Mr. S. K. Jain, AE(B) on behalf of Mr. Rajesh Taneja, PIO &
SE-II;

The Appellant had sought information about the width of the road commencing from T-Junction
on Mehrauli Gurgon Road near Metro Station, Arjan Garh to Aya Nagar Bus Terminus and two other
roads. He has filed the RTI application with the Chief Minister’s Office (CMO). The PIO of CMO sent
the RTI application to PIO/DC (South Zone) and then ultimately it landed up with SE(South Zone) who
informed the appellant that the information is not with them and since it is a rural road. The FAA
suggested that this information should be available with Dy. Commissioner, Revenue District South, MB
Road, Saket, New Delhi- 110068. PIO/SDM (Hauz Khas), Old Tehsil Building, Mehrauli, New Delhi
informed the appellant on 08/02/2011 that the information is not available on their records. The Appellant
however shows that he has been given a site plans of the said roads by Patwari at the Office of SDM
(Mehrauli) (the Commission is attaching a copy of this with this order).

Decision:

The Appeal is allowed.

The PIO/SDM (Hauz Khas) is directed to provide the complete information to the
Appellant before 30 July 2011.

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
09 July 2011
(In any correspondence on this decision, mention the complete decision number.) (SB)