CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/001381/13344
Appeal No. CIC/SG/A/2011/001381
Relevant facts emerging from the Appeal:
Appellant : Mr. R.C Chopra
Flat No.143-B,SFS,DDA Flats
Gulabi Bagh, Delhi-110007
Respondent : Mr. R. Prasad
PIO & Superintendent Engineer
Municipal Corporation of Delhi
Civil Lines Zone, 16 Rajpur Road
New Delhi-110054
RTI application filed on : 20/12/2010
PIO replied on : 21/01/2011
First Appeal filed on : 12/02/2011
First Appellate Authority order on : 17/03/2011
Second Appeal received on : 24/05/2011
SL. Information Sought PIO's reply
A. Name of the allottee/person or the authority that constructed the room on open land. The
B. Please provide the Appellant copy of the sanction letter for construction of a room information
allowed by the Municipal Corporation of Delhi under DMC Act,1957. sought in
C. Please provide the Appellant with copy of the sight plan as approved by the competent the RTI
authority of the Municipal Corporation of Delhi. application
D. Please provide information regarding the purpose of a allottee/person or the authority for is not
which the room has been sanctioned and got constructed on a land, the cost of which has
available in
been paid by allottees.
the record of
E. Please furnish information regarding the sources of funds as used for construction of this
demised building .If it has been construed by MCD/DDA. EE(B)/CLZ.
F. Please provide information regarding the total amount as expended in the constructions.
(i) Name of the account it has been debited or accounted for.
G. If it is illegal unauthorized construction the action taken by the MCD(Building
Department)against the lawbreaker under DMC Act,1957.Please furnish complete
details.
Grounds for the First Appeal:
No information was furnished within stipulated time.
Order of the First Appellate Authority (FAA):
The FAA directed the PIO to give specific point-wise reply and also directed to take immediate action on
the said construction after the following due process of law and as per the provisions of DMC Act-2005.
Appeal disposed.
Ground of the Second Appeal:
Information furnished by the PIO, not satisfactory.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Panal Lal, EE(M-III) on behalf of Mr. R. Prasad, PIO & Superintendent Engineer;
According to the respondent the order of the FAA was not implemented. The respondent states
that he received the order of the FAA from the PIO on 17/06/2011. Mr. Panna Lal has sent the
information to the Appellant on 20/06/2011 but the following deficiencies are seen by the Commission in
this information:
1- Query -B: Copy of the sanction letter had not been sent.
2- Query-C: Copy of the site plan approved by MCD had not been sent.
Decision:
The Appeal is allowed.
The Commission directs the Deemed PIO Mr. Panna Lal to provide the information
on the two points mentioned above after obtaining it if required under Section 5(4) of the
RTI Act 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. (MS))
