CENTRAL INFORMATION COMMISSION
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Decision No. CIC /WB/A/2008/00533//SG/0760
Appeal No. CIC/WB/A/2008/00533/SG
Relevant Facts
emerging from the Appeal
Appellant : Sh. Islam Qamar Salmani,
69, GF,
Bhagwan Nagar,
New Delhi – 110014.
Respondent 1 : PIO
Municipal Corporation of Delhi,
Central Zone,
Lajpat Nagar,
New Delhi.
RTI application filed on : 05/07/2007
PIO replied : 02/08/2007
First appeal filed on : 06/09/2007
First Appellate Authority order : not mentioned.
Second Appeal filed on : 17/01/2008
The appellant has asked in his RTI application regarding illegal encroachment on public
land and unauthorized construction of a palatial house bearing no. 88-D, Bhagwan
Nagar, New Delhi by an influential political person. Construction of the said property is
totally on the Govt. land and has been booked by the MCD for demolition quite long
back.
Detail of required information:-
(i) The house no. 88-D, Bhagwan Nagar, New Delhi appears in the list of eighteen
thousand unauthorized constructions submitted by the MCD Delhi High Court
which have been booked for demolition. The entire land on which the said house
is constructed belongs to MCD / Govt. Kindly inform the status of ownership of
the land underneath the said house and also as why no action has so far been
taken to remove this illegal construction from the public land? Who is the person
who claims to be the owner of this illegally constructed property?
(ii) Period for which information asked for : year 2007.
(iii) Other details : The information is urgently required for filling the matter in the
Court in public interest in the form of a writ petition..
The PIO replied.
“In this connection, it is stated that construction in P. No. 88-D, Bhagwan Nagar, New Delhi
is prior to 01/01/2006 and as per clause 16.2 (special area regulations) of MPD – 20231 such
construction in such colonies are not actionable for a period of three years. As regards
encroachment on Govt. land is concerned, action will be taken by the Works Department.”
The First Appellate Authority ordered:
Not mentioned.
Relevant Facts emerging during Hearing:
The following were present.
Appellant : Sh. Islam Qamar Salmani
Respondent : Mr.S.C.Yadav deemed PIO
The appellant states that that he has got the required information by now from the
respondent. He wants the copy of the letter received by MCD from DDA in this regard.
The respondent has given the copy of the letter to the appellant before the Commission.
Decision:
The appeal is allowed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
26th December, 08.
(In any correspondence on this decision, mentioned the complete decision number.)
(BK)