Central Information Commission Judgements

Mr.Sachhin Sapra vs Mcd, Gnct Delhi on 23 April, 2010

Central Information Commission
Mr.Sachhin Sapra vs Mcd, Gnct Delhi on 23 April, 2010
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                                                    Decision No.CIC/SG/A/2010/000639/7554
                                                          Appeal No. CIC/SG/A/2010/000639

Appellant                                   :      Mr. Sachin Sapra,
                                                   F-18, Backlane, Rajour Garden,
                                                   New Delhi-110027

Respondent                                  :      Mr. V. R. Bansal
                                                   Public Information Officer & SE-I
                                            O/o the Suptdg. Engineer(WZ)-I,
                                            Municipal Corporation of Delhi,
                                                   Vishal Encalve, Rajouri Garden,
                                            New Delhi-110027

RTI application filed on                    :      04/06/2009
PIO replied                                 :      08/07/2009
First Appeal filed on                       :      Not mentioned.
First Appellate Authority order             :      05/02/2010
Second Appeal Received on                   :      09/03/2010
Notice of Hearing Sent on                   :      22/03/2010
Hearing Held on                             :      23/04/2010

Information sought:
Appellant sought following information in respect of 40 Building (given in RTI Application) at
Rajouri Gdn:
   a)      Property/Plot No.
   b)      Total Area of above plot in sqyards or sq meter
   c)      Latest sanctioned/ regularized building plan No (provide legible & cloured copy of
           last sanctioned/ regularized building plan)
   d)      Building Byelaw Deviations booking no(s)/ unauthorized const booking no's)
   e)      Complete details of above deviations as recorded in deviation booking register.
   f)      Purpose/use for which building/ floor has been regularized.
   g)      Demolition action taken (what portion demolished and when) or proposed.
   h)      Sealing file/action initiated (u/s 345A) with file no and date of sealing.
   i)      Details (date and on what condition) of de-sealing done.

PIO's Reply:
"The desired information is voluminous in nature. The applicant may asked to visit the office of
EE(B)-I/WZ on any working days"

Grounds for First Appeal:
The matter was remanded vide Decision No. CIC/SG/C/2009/001679/5835 dated 10/12/2009.

Order of the First Appellate Authority:
 PIO was directed to provide the copies of the documents whichever asked by the Appellant after
taking requisite fee and send the compliance report to FAA.

Grounds for Second Appeal:
Incomplete information. (Information provided in respect of F51, A36 & C1 only).

Relevant Facts

emerging during Hearing:

The following were present:

Appellant: Mr. Sachin Sapra;

Respondent: Mr. Jagdish Kumar, EE on behalf of Mr. V. R. Bansal PIO & SE-I;

The PIO is directed to give the 15 latest plans to the appellant with a statement giving the
date on which the plan was regularized. In case the plan was not regularized then the sanctioned
plans will be given. The PIO states he has got 10 plans and he has obtained the balance five
building plans from Building Head Quarter Town Hall supply them. In case any of the plans are
not available this should be stated.

There has been some evident confusion in variance in the statements of the Appellant and the
PIO for the reasons for the delay. Hence no order has been made on penalty.

Decision:

The appeal is allowed.

The PIO will give the complete information as mentioned above to the
Appellant before 15 May 2010.

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
23 April 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj