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Decision No. CIC/SG/A/2011/000600/12345
Appeal No. CIC/SG/A/2011/000600
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Pankaj Mehta
1673, F.F. Rani Bagh,
Delhi - 110034.
Respondent : Public Information Officer,
Municipal Corporation of Delhi
O/o Exe. Engineer (RH-I),
Rohini Zone, Sector-5, Rohini,
Delhi - 110085.
RTI application filed on : 01/10/2010
PIO replied : 09/11/2010
First appeal filed on : not mentioned.
First Appellate Authority order : 04/02/2011
Second Appeal received on : 04/03/2011
Notice of Hearing sent on : 06/04/2011
Hearing held on : 11/05/2011
RTI against of a lot of illegal constructions going in Ashok Vihar area.
Sl. Information Sought by RTI: PIO Reply:
1. Please provide us Building bye laws copy. Copy of BBL – 1983 is available at book
stores like Jaina Book Depot who
sell government publication.
2. A few buildings under construction in Ashok Vihar phase I As per record building plans have been
are C-31, C-34, C-166, Agarsen Shawan D Block, sanctioned PNo.
Agarsen hospital Building, D-69, D-73, D-203, E-127,
E- 162, F-7, G-84, G-97, G-119, H-31, H-144, I-111, D-69, C-31, G-84, G-119, I-154, I-196,
I-114, I-154, I-196 & I-205 etc. are illegally made and C-166, E-129, D-69, D-73, D-203
have neglected Building Bye laws totally but there is & I-111. These properties are under
no action against these buildings. Why? construction pursuant to their
sanctioned building plans.
3. Which of your officer/officers are responsible for ignoring Above building plan have been
buildings by laws in above cases & thus giving sanctioned by MCD. The
clearance to these U/C Buildings. Please provide us responsibility of controlling the
status report of these buildings and Action Taken (if building activities of the area vests
any) Report against all of above mentioned illegal with Building Division-I/RZ.
constructions.
4. In Ashok Vihar phase II, illegal constructions are No information is available as per
mushrooming here & there viz. A-92, A-100, A-105, record. Further reasons, reply of
A- 110, B-1/77, B-1/85, B-2/6, B-3/3, C-1/13, C-1/99, ‘why’ are not covered under RTI
C-3/50, C-3/53, C-3/76, C-3/107, C-3/116 etc. Act.
ignoring Building Bye laws. In Ashok Vihar phase IV,
Maharaja Agarsen School Building is also being made
unauthorized. There are a lot of deviations including
extra coverage but Ex. Er. Jagdish is not taking any
action against these Buildings. Why? Please state
reasons.
5. Please furnish the details of Action taken by you against all As per record, the unauthorized
illegal constructions of phase- I & II & IV in Ashok construction of following properties
Vihar area. has been booked under the
provisions of DMC Act:
1. C-1/99, Ashok Vihar, Ph-II
2. C-1/13, Ashok Vihar, Ph-II
3. Maharaja Agarsen School.
Grounds of the First Appeal:
Not Mentioned.
Order of the FAA:
“Shri Pankaj Mehta, appellant is not present. Therefore, the case was taken up in his absence. The original
application of the appellant, the reply furnished by the PIO and the contents of the appeal memo have
been gone through. I find that the PIO has given the information as exists. The applicant is not satisfied
with the reply given by the PIO. How ever, I agree with the Appellant that complete information in
respect of para no. 2 of the information seeking application has not been given which is to be provided.
Similarly in respect of para no. 3, after the Building Bye Laws are passed, the encroachment/unauthorized
construction takes place in various stages. Unless it is established that a particular action of illegality has
been committed in a particular period it cannot be pin-pointed as to who is responsible for this.
The PIO is directed that the information as mentioned above should be sent to the Appellant within 7 days
from the date of issue of this order.”
Ground of the Second Appeal:
Provided information is unsatisfactory.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Vijay Anand representing Mr. Pankaj Mehta;
Respondent : Absent;
The appellant states that w re. to query 2 he had sought information regarding 20 buildings. The PIO has
informed him that building plans have been sanctioned for 12 buildings. The PIO has not given any
information with respect to the balance 8 buildings. The PIO is directed to provide the information
whether any action had been taken on the 8 buildings which the appellant alleges are being built illegally.
The PIO is also directed to provide attested copies of the Building Watch Register of the 12 Buildings
where building plans are claimed to have been sanctioned.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the appellant before 30
May 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
11 May 2011
(In any correspondence on this decision, mention the complete decision number.) (MC)