CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/001587/4462
Appeal No. CIC/SG/A/2009/001587
Appellant : Mr. Vir Bhan Dhingra,
A-77, Prashant Vihar,
Delhi-110085.
Respondent : Public Information Officer
Commissioner's Office,
Municipal Corporation of Delhi,
Town Hall, Chandni Chowk,
Delhi-110006.
RTI application filed on : 18/04/2009
PIO replied : 27/04/2009 (transferred)
First Appeal filed on : 12/06/2009
First Appellate Authority order : Not mentioned
Second Appeal Received on : 29/06/2009
Information sought:
1. Why have you not obtained our (RWA's) permission before sanctioning your
license/approval for the installation of cellular antenna; which is mandatory
under the above notification in the residential areas?
2. At the third floor itself of this property the owner is running a coaching center
under the name of "Anand Shiksha Kender" which houses hundreds of
young children who stay their during the whole day. Since the rays emitted
by the cellular antenna are health hazardous, why have you issued
license/approval to install antenna at his school site again bye passing terms &
condition of the notifications?
3. Also just in front of this site there are two very big schools: Lancer's Convent
& CRPF Public School, where more than 10, 000 students study. Why have
you not considered this point before issuing the license /approval, which
prohibits you to issue any such license in the vicinity of the schools for the
safety and security of the nearby school students?
4. It is a thickly populated residential area and you have again bye passed, the
above notification of the L. G which bars you to issue any such License. Then
why have you given the approval for the installation of this antenna?
5. The Property in question is a residential property as per the terms & condition
of the allotment by Delhi Development Authority. Therefore, how can you
issue without our approval consent or else give us in writing that this is a
commercial property & provide us with valid evidences which certify its title
as commercial.
6. If you admit lapse in issuing said license at this site, are you canceling the
license with immediate effect or not; if not; why not?
PIO's Reply:
Appellant's application was transferred on 27/04/2009 by PIO, Secretariat to the
Commissioner, MCD, Town Hall.
Grounds for First Appeal:
Appellant did not get reply of RTI application.
Order of the First Appellate Authority:
Not mentioned.
Grounds for Second Appeal:
Appellant stated that he has not received any reply either from Deputy Commissioner,
MCD Rohini Zone or Commissioner, MCD, Town Hall.
Relevant Facts
emerging during Hearing:
The following were present
Appellant: Absent
Respondent: Mr. RK Ailawadi, PIO; Mr. AK Sharma, AE, MCD
The PIO claims that the information has been to the Appellant on 29/05/2009. The
information provided appears to be appropriate. However, the Appellant has claimed that
he has not received the information. The Commission will send a copy of the information
which the PIO claims to have sent to the Appellant. The PIO also states that no tower has
been erected there since after giving the provisional approval, final approval has not been
given.
Decision:
The appeal is disposed.
The information 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
17 August 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj