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Decision No. CIC/SG/A/2009/002059/5171
Appeal No. CIC/SG/A/2009/002059
Relevant Facts
emerging from the Appeal:
Appellant : Mr. S. K. Goyal
W – 12/69, Western Avenue,
Sainik Farms, New Delhi – 110062.
Respondent : Public Information Officer &
Superintending Engineer – II/SZ
Municipal Corporation of Delhi
O/o the Superintending Engineer – II,
South Zone, Green Park,
New Delhi.
RTI application filed on : 13/10/2008 PIO replied : 28/11/2008 First appeal filed on : 18/12/2008 First Appellate Authority order : 11/05/2009 Second Appeal received on : 25/08/2009
The Appellant has sought information regarding new constructions at Neb sarai and its adjoining
areas Indira Enclave and Neb Valley.
S. No. Information Sought Reply of the PIO
1. Details of rule/law/policy governing No construction was allowed in these
new constructions for aforesaid colonies.
colonies.
2. Whether the law, policy and rule As above.
was uniform in meaning.
3. Details of law if any to allow any As above.
alteration in existing houses at above
mentioned areas.
4. Details of circumstances under No information could be supplied as no
which premises of Khasra No. 468 specific date of demolition/specific
of Indira Enclave was not sealed and address of buildings were mentioned.
construction was allowed. Details of
action taken against Tony Builder
which was building a premises
opposite to the above mentioned
address.
5. Details of survey, if any, was No such records was available.
conducted to check unauthorized
constructions.
6. On a plea taken by MCD before The orders of Hon’ble High Court of
Delhi High Court in May last year, Delhi were delivered in respect of sainik
front boundary walls were scaled farms only. Matter related to providing
down in conformity with bldg. Bye street lights pertained to BSES.
laws at Neb Sarai Ext. Whether the
order has been applied to houses at
Indira Enclave & other colonies.
Details of action taken on the
directives given by the High Court
to provide street lights for residents
security.
7. Reason for not providing Information did not pertained to Bldg.
infrastructure to the Neb Sarai Department.
Extension when taxes were being
collected by MCD from the
residents of the said area.
8. Details of policy of MCD for road As above.
repairing in the above mentioned
areas. The date by which the road
will be laid in these area.
First Appeal:
Unsatisfactory information provided by the PIO.
Order of the FAA:
The FAA in its order observed that the information provided against query no. 3 and 4 was
incomplete. The FAA said that the Appellant had not provided any specific date in his queries so
that the PIO could have given him the relevant information. The FAA suggested that the
Appellant could inspect the records available from July 2008 related to the demolition in the
area. The FAA further directed the PIO to give the information to the Appellant within 10 days.
Ground of the Second Appeal:
Unfair disposal of Appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Mr. Jitender Kumar, PIO
The information clarifying query 3 was also provided by the PIO on 01/06/2009 and the PIO has
also given the inspection of the records.
Decision:
The Appeal is disposed.
The information appears to have been provided.
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
16 October 2009
(In any correspondence on this decision, mention the complete decision number.)(GJ)