Mr.Sanjay Mourya vs Mcd, Gnct Delhi on 16 September, 2011

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Central Information Commission
Mr.Sanjay Mourya vs Mcd, Gnct Delhi on 16 September, 2011
                        CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26161796
                                                           Decision No. CIC/SG/A/2011/002003/14639
                                                                   Appeal No. CIC/SG/A/2011/002003
Relevant facts emerging from the Appeal:

Appellant                            :     Mr. Sanjay Mourya
                                           9817/8, Multani Dhanda,
                                           Paharganj,
                                           New Delhi - 110055

Respondent                           :     Mr. R. K. Rawat
                                           PIO & Dy. Health Officer
                                           Municipal Corporation of Delhi
                                           Health Department
                                           Sadar Paharganj Zone,
                                           Idgah Road, Paharganj,
                                           Delhi

RTI application filed on             :     16/05/2011
PIO replied on                       :     18/05/2011
First Appeal filed on                :     14/06/2011
First Appellate Authority order of   :     Not Mentioned
Second Appeal received on            :     23/07/2011

The information sought: The Appellant wants to information related to the Trade License.
1. Please provide the guide line copies for trade License of Hotel and Guest house during and before
   Commonwealth Game.
2. Provide the guide line in respect of Adhoc License was provide during the commonwealth Games.
3. Please provide me complete condition for taking hotel / guest house license according to the Master
   Plan 2021.
4. What is the time limit of the taking license according to Master Plan Delhi Zone?
5. On what bases license can be issued for running hotel or guest house Provide the details for same.
6. Provide the copy of direction according to which Sadar paharganj zone mix land etc. have been
   distributed.
7. Whether license can be given to those hotel and Guest house that have been listed under
   amalgamation and unauthorized construction. If yes that on what basis.

The PIO reply:
  1. This para - 1 does not pertain to the answering Department.
  2. No further order has since been received from the MCD (HQ).
  3. Information is attached herewith.
  4. In case of Guest House, license is to be granted by this office on fulfillment of all terms and
      conditions of Health bye-laws; either there is mention of 'Hotel' or Guest House whatsoever may
      be. This is done on receipt of letter from DCP (Lic.) and as well as NOC from Delhi Fire Service.
  5. Since no further order is received from MCD (HQ) on the subject, no renewal is being done, at
      present.
  6. Trade license was granted and has to be granted only on fulfillment of terms and conditions as per
      Health Bye-laws farm under the provisions of DMC Act, 1957 as such without taking into
      consideration of common Wealth Games.
     7. This para does not pertain to the answering Health Department and it is to be replied by the
       concerned Department, i.e. Building Department of the zone.

Grounds for the First Appeal:
The appellant has received an unsatisfactory reply from the PIO.

Order of the First Appellate Authority (FAA):
No order had been passed by First Appellate Authority

Ground of the Second Appeal:
The applicant is not satisfied with the PIO reply and no any order had been passed by the First Appellate
Authority.

Relevant Facts

emerging during Hearing:

The following were present
Appellant: Mr. Sanjay Mourya;

Respondent: Mr. R. K. Rawat, PIO & Dy. Health Officer;

The Appellant has stated that information given with respect to query-1, 3, 5 & 7 was not complete
and appropriate. The PIO has brought this information and has given to the Appellant before the
Commission. With respect to query-7 the answer is not appropriate. The respondent has clarified that if
department is informed that a construction is unauthorized Health License cannot be given.

Decision:

The Appeal is disposed.

The information available has been provided 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
16 September 2011
(In any correspondence on this decision, mention the complete decision number.) (MG)

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