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Mr. Sachin Gupta vs Municipal Corporation Of Delhi on 1 January, 2009

Central Information Commission
Mr. Sachin Gupta vs Municipal Corporation Of Delhi on 1 January, 2009
                    CENTRAL INFORMATION COMMISSION
                             Room No.415, 4th Floor, Block IV,
                            Old JNU Campus, New Delhi 110066.
                                  Tel: + 91 11 26161796

                                                   Decision No. CIC /WB/A/2008/01244/SG/0830
                                                             Appeal No. CIC/WB/A/2008/01244/

Relevant Facts

emerging from the Appeal

Appellant : Mr. Sachin Gupta,
A-71, 2nd Floor, Rajouri Garden,
New Delhi.

Respondent 1 : Dy. Commissioner (WZ) & CPIO,
Municipal Corporation of Delhi,
Community Centre, Vishal Enclave,
New Delhi-110027.

RTI application filed on                :       18/04/2008
PIO replied                             :       06/06/2008
First appeal filed on                   :       21/05/2008
First Appellate Authority order         :       24/06/2008
Second Appeal filed on                  :       10/07/2008

The Appellant had filed an application seeking information about “Complaint regarding illegal
Structure & selling of restricted/ inflammable goods without license”.
The queries regarding this topic as under:

S.No.           Information Sought                                                  PIO Reply
 1.     Kindly intimate the status of my above letter dated 22-     The said complaint has been

03-08. attended & prosecution action has
been taken under Section 417 (430
under DMC Act).

2. Is any confidential query/secret investigation or any As above.

order made/pass on behalf of my above
complaint/confidential information in this regard?

3. What is your future action in the light of above This office same take action against
information/letter and to stop this type of illegal acts? such defaulters.

4. As per my above confidential complaint dated 22-03- As per 1 above.

08, have you secretly checked the above allegation?
Give answer in yes or no. If yes, what is your outcome?
What was your procedure to investigate confidentially
the above matter?

5. Have the concerned officials visited the shop & site? If Yes, name of the concern is
yes, what is, please give the name & post for the same. S.K.Dhawan L.I.
If not, please give the detail reasons.

6. Kindly intimate what is the prescribed time limit to This office takes encroachment
dispose of such cases. removal action from time to time &
dispose such complaint on the date
in which encroachment removal
against fixed in particular area where
from such complaint received.

7. Kindly intimate the complete procedure to dispose of As above.

such cases.

8. Kindly mention the clear date on which the above As above.

application will be decided.

9. Kindly give me the copy of above file & noting there As above.

on till date.

10. As per Para 1 of my letter, have any official Concern official visit the area and if
checked/visited all Godown, premises of the any violation found their prosecution
shopkeeper? Have any penalties/challans imposed by action is taken against the defaulters.
the officials? If yes, please give the copy & all details
for the same. If not, please give the reasons.

11. As per Para 2 of my letter, is it legal to encroach the Encroachment removal action has
public land? What are the reasons that you have not been fixed for 26-06-08.
demolish the same & even you have not remove the
iron stairs & air conditioner plant on the public road? Is
any personal interest of the official concerned vested in
the same? Please give clear & specific reason.

12. As per Para 3 of my latter, it is legal to hang the sign On 26-06-08 such signboard will be
board on public property as well as on the trees? What removed with the help of local
are the reasons that you have not remove the police.
advertisement board from the public property even on
the tree after 1 month have been spent? Is the official
concerned are not keen to do the same or have their
personal interest vested in it? Please give details point
wise reply. What action have you taken in this regard
till date? Please furnish the copy of the same.

13. As per Para 4 of my letter. Have you charged the As above.

penalties from the shopkeeper? If yes, please supply the
copy for the same. If not, please five details reasons.

The First Appellate Authority Ordered:

“In reply the said appeal, the PIO AC/WZ has submitted a report stating that the information has been
sent to the applicant vide letter no. ADC (WZ)/2008/152 dated 06-06-08. However, the copy the said
letter is seen herewith for information please.”

Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Mr. Madan Mohan PIO
The respondent contends that most of the information was provided and that the action
desired by the appellant in his complaint for illegal encroachment has also been taken.

Decision:

Appeal is disposed.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties

Shailesh Gandhi
Information Commissioner
1 January 2009
(Any correspondence on this decision, mention the complete decision number.)

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