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Decision No. CIC/SG/A/2011/001354/13336
Appeal No. CIC/SG/A/2011/001354
Relevant facts emerging from the Appeal:
Appellant : Mr. Rajinder Gupta,
704, GT Road,
Shahdara, Delhi- 3.
Respondent : Mr. K. C. Meena
PIO & SE-II
Municipal Corporation of Delhi,
West Zone, Vishal Enclave,
Rajouri Garden, New Delhi.
RTI application filed on : 23/02/2011
PIO replied on : 29/04/2011
First Appeal filed on : 24/03/2011
First Appellate Authority order on : 03/05/2011
Second Appeal received on : 23/05/2011
Sl. Query Reply of PIO
1. Please furnish information regarding the illegal construction at the No report is available in this
Property no. 38/11 Ashok Nagar,Tilak Nagar,New Delhi. matter.
What is the present status of the particular property?
2. Whether there is an illegal construction at the Property or NDMC has As per S.E-II,West Zone,
approved the map for the the construction at the Propety no. stated The plan of the property has
above. been passed.
Which Engineer has been given the responsibility to notice the
construction at the property according to the map?
As per Ministry of Urban Development and Poverty Elevation (Sub-
section-letter no.-J-13036/3/96-DD11B dated 28/08/2000) Each field
officer has to maintain a diary.
Please furnish the photocopy of that particular diary.
3. If the map for the construction has been passed,whether all relevant Plan has approved as per the
requirement have been fulfilled or not.Please furnish complete details Building construction
about the location of doors,window etc. in the house. regulation.
4. Please furnish details to the Appellant whether the construction of the As Above
Building is being done at the minimum distance from the specified
place of Indian Electricity Regulation.
5. Please furnish information whether the the vacant space left out as per As Above
SAT Back Rules is a part of the corridor or not.
6. Please furnish detail whether the Approval of the map for the Residential purpose
construction has been done according to the Residential purpose,Flat
construction purpose or Commercial purpose.
7. If the Property is booked, whether Demolition order has been Same as answer to Q. no.1
introduced or not.
Till when prosecution will take place for the property.Please furnish
complete details of it.
8. Please furnish complete details whether the Local Police Same as answer to Q, No.1
Superintendent has been informed regarding the illegal construction of
Building at the property.
9. When did NDMC gave written order for the construction of building . The Appellant is requested to visit the
office on any working day between
Please furnish information regarding the officers of NDMC who 3:00 p.m to 5:00 p.m by giving prior
provided a written order ans also furnish certified copy of Diary No. notice to the authority and could
collect the requisite record.
Grounds for the First Appeal:
No information furnished by the PIO within stipulated time.
Order of the First Appellate Authority (FAA):
The FAA stated that the PIO has already furnished the information but Complete information should be
furnished to the Appellant within 15 days time . Appeal disposed.
Ground of the Second Appeal:
Information furnished by the PIO, not satisfactory.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. Rajinder Gupta;
Respondent: Mr. K. C. Meena, PIO & SE-II;
The appellant has two major issues in the information provided by the PIO:
1- No property number was mutinied in the initial replies and this was mentioned only after the
order of the FAA. The PIO is directed to ensure that in such RTI applications the number of
the property is mentioned when the replies are given.
2- Specific information on the complaint of the Appellant has not been provided.
The PIO is directed to provide the action taken on the complaint in the following format:
Date on which Name and designation of Action taken Date on which forwarded to
Complaint received The officer receiving it. Next officer/office.*there will be as many rows as the number of officers who handled the complaint.
Attested photocopies of all letters and notings will be provided.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information about the action on the complaint of
the Appellant in the format given above to the Appellant before 25 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.) (SB)
