Mr. Vijay Kohli vs New Delhi Municipal Council, Uacc … on 19 June, 2009

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Central Information Commission
Mr. Vijay Kohli vs New Delhi Municipal Council, Uacc … on 19 June, 2009
                CENTRAL INFORMATION COMMISSION
                    Club Building (Near Post Office),
                  Old JNU Campus, New Delhi - 110067.
                         Tel: +91-11-26161796

                                       Decision No. CIC/WB/A/2008/00946/SG/3787
                                             Appeal No. CIC/WB/A/2008/00946/SG/

Relevant Facts

emerging from the Appeal:

Appellant                          :      Mr. Vijay Kohli
                                          8, Sardar Patel marg
                                          New Delhi-110021.

Respondent                         :      Mr. Jai Chandra

Central Public Information Commission
New Delhi Municipal Council
UACC Department
Pragati Bhawan, 2nd Floor, Jai Singh Road,
New Delhi-110001.


RTI application filed on           :      08/08/2007
PIO replied                        :      28/11/2007
First appeal filed on              :      Not Mentioned
First Appellate Authority order    :      15/11/2007
Second Appeal filed on             :      05/04/2008

Information sought:
S. No. Information Sought                     PIO's Reply
1.     Copy of the inspection report on       Copy can be collected at any working day
       unauthorized     construction     on   from the above office under the
       complaint filed no. 4790, 11th June    provisions of RTI Act after inspecting the

and 20th June with 7 photographs. If relevant file and depositing the requisite
copy of report cannot be given fee. For convenience call on telephone
details of unauthorized construction no. 41500969.
noted.

2. What follow up has been taken? As above.

3. What are the terms and conditions The matter has been referred to PIO,
for operating Hotel Diplomat, the Health Department for their information.
number of rooms and size/area of
restaurant sanctioned? Does the
sanction of restaurant include
operation of a very Big Bar and
Night Club?

4. Can permission be granted to
increase the area of the original
small restaurant include the total
ground floor and lawn?

5. If yes, under what Act/Guidelines in Copy of the LBZ guidelines can be
the LBZ no construction area, can collected after due requisition.
permission be given for change in
building plans/land use by reducing
the number of rooms for guests and
increasing restaurant area?

6. Has permission been given for The matter has been referred to PIO,
renovation work in progress and Architect and PIO, Health Department
permission/license to operate the for the relevant information.

proposed new restaurant &
Bar/Night Club. If permission not
sought and restaurant with Big Bar
and Night Club is opened what
action will be taken?

7. What are the guidelines for allowing The matter has been referred to PIO,
permanent concrete structures with Architect Department and PIO, Health
roof of asbestos/other sheet material Department for their information.
which are not part of original
building plans but have been
recently been built on 9, Sardar Patel
Marg, New Delhi?

8. If such structures (as Para 7) are
allowed, will ,permission be given
for building a concrete structure
with the roof of asbestos/other sheet
material on the 1700 sq. ft. in built
area of the first at 8 Sardar Patel
Marg, New Delhi.

9. What are the guidelines for setting
up big generators, filtration plant &
other machinery, which creates
heavy pollution of gaseous nature
and noise in LBZ area.

Grounds for First Appeal:

Unsatisfactory reply received from the CPIO.

Order of the First Appellate Authority
The FAA ordered the PIO to furnish the desired information within 20 working days.

Grounds for Second Appeal:

Unsatisfactory reply received from the CPIO.
Relevant Facts emerging during Hearing:
The following were present
Appellant : Absent
Respondent : Absent
The appellant has written to the Commission on 9 June 2009 stating he has received
satisfactory reply from the PIO and does not want to pursue the appeal.

Decision:

The Appeal is withdrawn.

This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
If information is not provided in the time stipulated under Section 7(6) of the RTI Act, it has to be provided
free of cost to the Appellant

Shailesh Gandhi
Information Commissioner
19 June 2009

(In any correspondence on this decision, mention the complete decision number.)
(GJ)

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