CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002859/10357
Appeal No. CIC/SG/A/2010/002859
Relevant Facts
emerging from the Appeal
Appellant : Mr. Rajesh Chopra
F-180 / G-1
Dilshad Colony,
Delhi-110095
Respondent : Mr. A. K. Mittal
Public Information Officer & SE-I
Municipal Corporation of Delhi
Building Department
Central Zone: Lajpat Nagar,
New Delhi-110024
RTI application filed on : 19/01/2010
PIO replied : 02/03/2010
First appeal filed on : 18/05/2010
First Appellate Authority order : Not ordered
Second Appeal received on : 07/10/2010
S. No. Information Sought Reply of the PIO
1. Whether MCD had conducted any inspection at the As per the record there is no booking of
premises of the above hospital to ascertain the unauthorized construction in respect of
extensive illegal construction carried out by the above Vidyasagar Institute of Medical Health and
hospital. Neurosciences, Nehru Nagar, new Delhi.
2. Out of the given activities like diagnostic Centre, The point has already been replied by the
Hypnotherapy Centre, Day Care Centre, Artificial building department (HQ), MCD, town
Limb Centre, Pharmacy Store Room, Gamma Knife Hall, Delhi.
Centre and Bank of Baroda, for which activity the
hospital was granted permission in the basement.
3. Whether MCD has given any notice of demolition of Reply to this point is as furnished at point
illegal construction in the hospital premises? no. 1 above.
First Appeal:
Unsatisfactory and incomplete information provided by the PIO.
Order of the FAA:
Not ordered.
Ground of the Second Appeal:
Incomplete information received from the PIO and no-action taken by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Sanjeev Dara, AE(B) on behalf of Mr. A. K. Mittal, PIO & SE-I; Mr. Rakesh Kumar,
Nodal Officer (RTI);
The Appellant had clearly sought information whether inspection has been carried out by MCD in
query-01. The PIO did not reply to this but instead stated that no unauthorized booking had been done.
The Respondent admits that no inspection has been done and the Appellant has alleged that there is
extensive illegal construction running into several thousand square meters area. It is evident that the PIO
has not given the information sought by the Appellant. When questioned the Respondents agree that no
inspection has been done of the property. It is indeed very sad that 10 months after the RTI application
was made clearly indicating and alleging illegal construction MCD officers do not seem to have any
inclination to do their job.
Decision:
The Appeal is allowed.
The PIO is directed to provide information to the Appellant as to whether inspection
was done or not before 20 December 2010.
The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
From the facts before the Commission it appears that the PIO is 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 PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
He will give his written submissions showing cause why penalty should not be imposed on him as
mandated under Section 20 (1) before 25 December, 2010. He will also send 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
08 December 2010
(In any correspondence on this decision, mention the complete decision number.)(IN)