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Decision No. CIC/SG/A/2010/000336/7889
Appeal No. CIC/SG/A/2010/000336
Relevant Facts
emerging from the Appeal
Appellant : Mr. Rajendra Gupta
704, G. T. Road, Shahdara,
Delhi – 110032.
Respondent : Mr. K. P. Singh
Public Information Officer & Suptdg. Engineer
Municipal Corporation of Delhi
Shah. North Zone, Near Keshav Chowk, Shahdara,
Delhi – 110032.
RTI application filed on : 18/06/2009 PIO replied : 03/08/2009 First Appeal filed on : 28/10/2009 Second Appeal received on : 09/02/2010
The Appellant had sought following information regarding below mentioned properties
RTI ID No. Properties No.
670 Adjacent to C-50, at the corner of Gali
No.6 along with 100 feet road.
632 Before E-13 and at 100 feet road. Information Sought:
1) Whether the building deptt. of MCD, Shah North Zone had approved map for any
construction at the above mentioned properties. Whether any kind of approval was
granted for above mentioned properties. Whether the construction was in the knowledge
of Dy. Commissioner.
2) Details of amount with details of cheque/draft if any, paid for the approval of map.
Whether the map is for residential purpose or a commercial.
3) Details of action taken by the MCD if no approval has been given by them in respect of
construction at the above mentioned properties.
4) Whether the above mentioned buildings had been booked for the demolition. If yes then
reason for not demolishing it till now.
5) Reason for sealing the above mentioned properties if there was any problem in
demolishing the same. If not then the reason for the same. If yes then the details of time
limit prescribed for demolishing the illegal structure.
6) Whether the structure was being built according to the map if any, approved by MCD. If
not then details of action taken by the MCD.
7) Name and contact no. of the engineer who had been given the responsibility to inspect the
structure during or after the construction.
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8) Name and contact no. of the officer to whom the engineer reported about the construction
along with his current designation and the place where he is currently posted.
9) Area of the above mentioned properties.
10) Details of previous structure at the above mentioned properties before filing the
complaint by the Appellant.
11) Details of approved coverage area of the above mentioned properties.
12) Details of floors, rooms and kitchens approved for the construction at the above
mentioned properties.
13) Whether the structure was being built at the part of the property.
14) Details of complaints received in regard to illegal construction at the above mentioned
properties with date on which it was received. Name of the Complainant, if it could be
given, with details of action taken on those complaints.
15) Name and contact no. of the officers of building department related to the illegal
constructions at the above mentioned properties.
Reply of the PIO:
In respect of RTI ID no. 670 the PIO replied that the map had not been approved by the building
department and the above said building has been demolished by the MCD. The PIO replied to
only query no. 1 to 7. Rest of the queries remained unanswered.
In respect of RTI ID no. 632 the PIO replied that the map had not been approved by the building
department of MCD and if the illegal construction would have been found at the time of
inspection then the action was to be taken. The Appellant was further informed that the
department takes action against the illegal construction time to time.
Ground for the First Appeal:
Incomplete information received from the PIO.
Ground of the Second Appeal:
Incomplete information received from the PIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Mr. Rajendra Gupta;
Respondent : Mr. V. K. Tyagi, APIO on behalf of Mr. K. P. Singh, PIO & SE;
The First Appellate Authority Mr. Azimul Haq, Dy. Commissioner appears to be
guilty of dereliction of duty since he does not appear to have passed any order in the matter.
The Appellant claims that illegal unauthorized construction is happening in these places and
would request that a joint inspection be carried out of the properties mentioned by him. The
Commission directs that a joint inspection of the sites be carried out on 01 June 2010 at
12.00noon. The Commission will also send and officer to supervise the joint inspection a report
will be made jointly after the inspection of the said properties and one copy will be kept by the
PIO, one by the appellant and one copy will be kept by the Commission. Everybody will meet at
the MCD, Zonal Office, Keshav Chowk, G.T. Shahdara Delhi.
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Decision:
The Appeal is allowed.
The PIO is directed to facilitate a joint inspection with the appellant and the
Commission on 01 June 2010 at 12.00noon. A joint inspection report will be made
and a copy will be given to the Appellant and the Commission.
The First Appellate Authority Mr. Azimul Haq, Dy. Commissioner is directed to present himself
before the Commission with his explanation on 23 June 2010 at 4.30pm to showcause why the
Commission should not recommend disciplinary action against him for dereliction of duty.
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
28 May 2010
(In any correspondence on this decision, mention the complete decision number.)(GJ)
CC:
To,
The First Appellate Authority Mr. Azimul Haq, Dy. Commissioner through Mr. K. P. Singh
Public Information Officer & Suptdg. Engineer
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