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Decision No. CIC /WB/A/2008/00998/SG/0810
Appeal No. CIC/WB/A/2008/00998/
Relevant Facts
emerging from the Appeal
Appellant : Sh. Om Prakash Shokeen,
R/O 36/72, Punjabi Bagh,
New Delhi-110026.
Respondent 1 : Dy. Commissioner & PIO,
Municipal Corporation of Delhi,
West Zone, Vishal Enclave,
New Delhi-110027.
RTI application filed on : 31/08/2007
PIO replied : 12/10/2007
First appeal filed on : 21/01/2008
First Appellate Authority order : 07/03/2008
Second Appeal filed on : 02/06/2008
Information Sought:
The Appellant had filed an application seeking information regarding “The action taken/proposed to
be taken by MCD Authorities in regard to the raising of unauthorized and illegal construction recently
by way of covering the open space measuring 18ft. by 14ft., by Sh. Bal Kishan (Bal Kishan Shokeen),
R/o B-5/147, Paschim Vihar, New Delhi-110063. In the South-East cover of the commercial plot no.
6, Sector IV Market, North-West avenue, Punjabi Bagh, New Delhi.
The PIO’s Reply:
The property said above has been inspected and the rear portion of the property is found fully
covered. Moreover, all the plots from No. 1 to No.6 have covered rear portion fully and some plots
have projections on the mpl. Land also.
The sanctioned building plan for the above properties have been searched in the office but could not
be traced and without sanctioned building plan unauthorized portion can’t be ascertained. It is also not
feasible to take action on one property while all the properties in the same line have the same
construction even more than the impugned property.
The First Appellate Authority Ordered:
“The PIO/DC (West Zone) must ensure that specific and appropriate reply is given to the Appellant
after examining the entire things at the earliest possible under intimation to this office.”
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Anurag Shokeen representing Sh. Om Prakash Shokeen,
Respondent: Mr. Manj Verma representing Mr. Navin Verma PIO
The respondent claims that the sanctioned plans of number 6, Sector 4 market, North-West
Avenue Punjabi baug, New Delhi 26 are not available with him.
The PIO is directed to procure these plans and give them to the appellant.
Decision:
Appeal is allowed.
The PIO will give a copy of the sanctioned plans mentioned above to the appellant
before 15 January, 2009.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties
Shailesh Gandhi
Information Commissioner
1 January 2009
(Any correspondence on this decision, mention the complete decision number.)