CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/C/2011/001392 to 001399/12247
Appeal No. CIC/SG/C/2011/001392 to 001399
Appellant : Mr. Rajendra Gupta,
704, G.T. Road,
Shahdara, Delhi-110032.
Respondent : Mr. V. R. Bansal
PIO/SE (SP Zone)
Municipal Corporation of Delhi,
Sadar Paharganj Zone, Idgah Road,
Paharganj, Delhi
RTI application filed on : 13-08-2010
PIO replied : Not replied
First Appeal filed on : 13-10-2010
Hearing Notice Issued on : 04-04-2011
Date of Hearing : 03-05-2011
Information Sought:-
The appellant asked in his RTI Application regarding property no. 9156/3 Multani
Thanda Paharganj, Property no. 10547, Gali No. 2, Motia Khan, Property no. Opp. 8745 Arya
Nagar, Paharganj, Property no. 10578/45, Shankar Gali. No. 2, Motia Khan, Property no. 10526
Gali No. 4, Motia Khan, Property no. A-2880 Gali no. 4, Chuna Mandi Paharganj, Property no.
2616/9, Chuna Mandi Paharganj, Property no. 2675/8 Chuna Mandi, Paharganj, New Delhi
-110002. The information's are follows:-
1. Is any map issued by the MCD (B) SPZ for building this property or any other? If yes,
who was engineer on duty/responsible for submitting the report that the construction is being
according to the approved map by the MCD or not. Pl. provides the Name, Mobile No. of
responsible Engineer. The above engineer during this construction was reported; provide the
name, present posted, and working place in this regard.
2. Provide the information that. If, no permission has been provided by the MCD (B) SPZ for
building this property, what action has been taken by the MCD (B) SPZ. What time will be
spend in this regard.
3. Is this construction made on the part of property? Pl. provides the information in this
regard.
4. Has this map passed by the Rule, regulation according to master plan during the
permission by the MCD? Has this map passed after verification the chain of registry? Pl.
Provide the complete information.
5. Weather the earth quick resistance system is followed in this construction/map. Has the
permission taken to the MCD (B) by the owner? Pl. provides the information in this regard.
6. The above property has been booked, the demolition order has been issued or not.
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7. The order has been issued to the Police Incharge or not for the stopping above illegal
construction. Pl. provides the same copy.
8. If, the above property has been booked or any action has been taken, the information has
available on the internet. Provide the information in this regard.
Reply from the PIO:
No information had been provided to the appellant.
Grounds for First Appeal:
No information had been provided to the appellant.
FAAs' Order:-
"I have gone through the appeal. It revealed that the application filed under RTI Act vide
receipt no. BZ-1300165 of Rs.10 dt. 27.08.10 in S.P.Zone. Application was forwarded to E E (B)/SPZ
under Ed no. 3S6ISEISPZ. But no reply was given to applicant so far despite the reminder issued to E
E (B)/SPZ by
SE /SPZ. Therefore, deemed PIO/EE(B)/SPZ is directed to provide the requisite information to the
appellant within 10 working days as available on record under the provision of RTI Act.."
Relevant Facts
emerging during the Hearing:
The following were present:
Complainant : Mr. Rajendra Gupta;
Respondent : Mr. S. R. Lakhan the then AE and Mr. S. K. Aggarwal, EE(B) on behalf of Mr. V. R.
Bansal, PIO/SE (SP Zone);
The RTI application had been filed on 13/08/2010 and the information was provided only on
10/12/2010 i.e. after the order of the First Appellate Authority (FAA). The Complainant alleges that
an illegal building was being built when he filed the RTI application. The answer to query-1 admits
that no plan has been passed but the answer to query-2 states that when the department receives
information of unauthorized construction it will take action. The Complainant alleges that this shows
that the department has no interest in booking illegal unauthorized construction. Mr. Aggarwal
assures the Commission that he will personally look into this and give the correct information to the
Complainant.
The Respondent states that the deemed PIOs at the time were Mr. Inderjeet Singh EE(B) , Mr. Sarafat
Ali AE, Mr. S.L. Meena JE(B), Mr. S. R. Lakhan AE and Mr. V. S. Rai JE;
Decision:
The complaint is allowed.
The Commission directs Mr. S. K. Aggarwal, EE(B) to provide the appropriate
information on query-1 & 2 to the Complainant before 20 May 2011.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIOs Mr. Inderjeet Singh EE(B) , Mr. Sarafat Ali AE, Mr. S.L. Meena JE(B), Mr. S. R.
Lakhan AE and Mr. V. S. Rai JE within 30 days as required by the law.
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From the facts before the Commission it is apparent that the deemed PIOs are 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 deemed PIOs actions attract the penal provisions of Section 20 (1). A showcause
notice is being issued to them, and they are directed give their reasons to the Commission to show
cause why penalty should not be levied on them.
Mr. Inderjeet Singh EE(B) , Mr. Sarafat Ali AE, Mr. S.L. Meena JE(B), Mr. S. R. Lakhan AE and Mr.
V. S. Rai JE will present themselves before the Commission at the above address on 31 May 2011 at
04.00PM alongwith their written submissions showing cause why penalty should not be imposed on
them as mandated under Section 20 (1). They will also bring the information sent to the appellant
as per this decision and submit speed post receipt as proof of having sent the information to the
appellant.
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
03 May 2011
(In any correspondence on this decision, mention the complete decision number.)(AK)
Copies through Mr. V. R. Bansal PIO & SE to:
1- Mr. Inderjeet Singh EE(B) ,
2- Mr. Sarafat Ali AE,
3- Mr. S.L. Meena JE(B),
4- Mr. S. R. Lakhan AE
5- Mr. V. S. Rai JE
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