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Decision No. CIC/SG/A/2011/002218/14849
Appeal No. CIC/SG/A/2011/002218
Relevant facts emerging from the Appeal:
Appellant : Mr. Sunil Kr. Sharma
9561 Azad Market,
Library Road,
Delhi - 110006
Respondent : Mr. Sushil Kumar
PIO & SE
Municipal Corporation of Delhi
O/o The S.E., City Zone,
Multilevel Under Car Parking,
Asaf Ali Road,
Delhi - 110006
RTI application filed on : 25-05-2011
PIO replied on : 15-07-2011
First Appeal filed on : 12-07-2011
First Appellate Authority order of : Not Ordered
Second Appeal received on : 10-08-2011
Information Sought:-
The Appellant has sought the following information regarding action taken on the unauthorized
construction carried out on property no. 410-411 Kucha Brij Nath Chandani Chowk, Delhi - 110006 :-
(1) That there unauthorized construction is carried out at present above mentioned property. Through
RTI it is found from your side that the property is hazardous and it also kills the aesthetic and cultural
value area having great historical importance attached to it, copy of the order of High court and reply
of the RTI are annexed.
(2) In the matter of Nawab Ganj Residential Welfare Association & Ors WP © No 2191/2010 held on
6/4/2010 by Mr. Justice Kailash Gambhir J " The respondent no. 1 & 2 are directed to ensure
unauthorized construction takes place in the properties as have been referred by the petitioner
association in the same is attached.
(3) As per order of this court the same is also covered with the present unauthorized construction in the
property 410--411 Kucha Brij nath Delhi as the same is required for immediate criminal action. In
case the FIR has been lodged against this unauthorized construction as per Hon'ble high court, the FIR
along with action taken record may also be supplied duly certified along with photographs, Action
report be supplied as per sec.466A, with See rules 34/120.
PIO's Reply:-
The appellant was provided with the following reply:-
1. As per the record available in the building department city zone. No demolition /sealing action
has been taken by the MCD.
2. Same as above.
3. Same as above.
Grounds for the First Appeal:
PIO was failed to supply the requisite information.
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Order of the First Appellate Authority (FAA):
No order was passed.
Ground of the Second Appeal:
Unsatisfactory reply was given by the PIO and No order was passed by the FAA.
Relevant Facts
emerging during Hearing:
The following were present
Appellant : Absent;
Respondent : Mr. S. P. Tanwar, AE(B) on behalf of Mr. Sushil Kumar, PIO & SE;
The respondent states that he received the RTI application on 14/06/2011 from CSB and has
sent the information on 15/07/2011. The respondent also states that there was no unauthorized
construction and that notice for dangerous structure under Section 348 of DMC Act was given to the
owner/occupier of the building.
Decision:
The Appeal is disposed.
The information available as per records has 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
26 September 2011
(In any correspondence on this decision, mention the complete decision number.) (HA)
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