Shri.Anil Datt Sharma vs Mcd, Gnct Delhi on 14 November, 2011

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Central Information Commission
Shri.Anil Datt Sharma vs Mcd, Gnct Delhi on 14 November, 2011
                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26161796
                                                          Decision No. CIC/SG/A/2011/002379/15643
                                                                  Appeal No. CIC/SG/A/2011/002379
Relevant facts emerging from the Appeal:

Appellant                            :      Mr. Anil Datt Sharma
                                            D - 129,
                                            New Seelampur,
                                            Delhi - 110053

Respondent                           :      Public Information Officer
                                            Municipal Corporation of Delhi
                                            O/o The Executive Engineer (BLDG.) - II,
                                            Shahdara (North ) Zone, Keshav Chowk,
                                            Shahdara, Delhi

RTI application filed on             :      23/02/2011
PIO replied on                       :      13/04/2011
First Appeal filed on                :      Not mentioned.
First Appellate Authority order of   :      Not Mentioned
Second Appeal received on            :      18/08/2011

The information sought: The Appellant wants to information about:
1. Provide me report which you have receive any request from above mentioned plots owners for
sanctioning the land plan for construction. If yes when.
2. Provide me the time limits you have provided for construction of this plot. Provide me the exact last
date of completion of buildings and the exact no. of plot.
3. If any map sanctioned for construction of above mentioned plot then provide me copy of notice
under section 6.1 as per the Delhi Master plan 2021. If notice has not been received from the
constructer then provide me action taking report under section 'B37 of D.M.C. act
4. If action has not been taken under section 337(4) then provide me the name whose, duties were to
take action but failed to do so.
5. If you found any irregularity in construction provide me action taking report against constructer and
provide me particular sections under which normally you have to initiate action against the delinquent
constructers.
6. Please provide me name of the person, is empowered to take action against the plots I and what
action is due against him for not taking action.
7. Provide me monthly certificate issued by J.E. under his signature to the effect: there is no
unauthorized ongoing construction and/or encroachment on public/government land. (Reference High
court Judgment. (Kalyan Sanstha Social Welfare Oganization v/s Union of lnd and Ors.)
8. If not issued, please provide me under which law/judgment the said certificate was not issued.
U
9. Provide me action taking report against the 'J\E. and A.E. for not compliance the order of the
Hon'ble High court.
10. In the context of said court judgment, please give details regarding unauthorized ongoing
.construction at above mentioned plot.

                                                                                            Page 1 of 4
 11. If not, what action is due against J.E. and A.E for dere1iction of duty?
12. Provide me the date and other details about the Copies of this certificate is by J.E. and action taken
plan has been furnished to the concerned Deputy Commissioner with a copy to Head Quarters who
would maintain records of such certificates.
13.     Unauthorized construction is a cognizable offence under section 466 A of M.C.D.act. Provide
me the detail which you have sent to the local police for taking action.
14. If 466A of M.C.D. act not attracted against the said plot constructer, Provide me such law there
under you have delegated power for giving relaxation to above mentioned plot owner.
15. Provide me the name of J.E. Architect (with address and phone no.) and A.E. and provide me exact
no. of the plot.
16. Provide me under which norms you have permitted relaxation to the constructer for not compliance
of Clause 7.3.2 of Building bye laws. If relaxation has not been provided then give me proof in
compliance of the said clause.
17. If any map sanctioned for construction of building, please provide me, is it for apartment, residential
or commercial purpose.
18. If this building is old and occupied then provide me the No. of this building out of 775 heritage sites
of Delhi
19. Provide me Information about I.D. reference No. mentioned on this RTI application above.
20. Provide me copy of such notice, required for construction of building after sanctioned building plan
and before completion certificate.

The PIO reply:
Property No. 1/7675, East Gorakh Park, Shahdara, Delhi
1. Sanction plan of property No. 1/7675 has been approved by Building Department-Il, Shahdara
(North) Zone, MCD, file No. 1 89/BISH-N/20 10.
2. 05 years from sanction date of plan.
3. No survey has been made.
4. Answer as per Sr. No. 1 above.
5. Answer as per Sr. No. 1 above.
6. Do not relate to this department.
7. Due to overloading of staff there certificates are not in effect.
8. Answer as per Sr. No. 7 above.
9. Not applicable.
10. Answer as per Sr. No. 3 above.
11. Do not relates to Building 'Department, Shahdara (North) Zone.
12. Answer as per Sr. No. 8 above.
13. Answer as per Sr. No.3 above.
14. Answer as per Sr. No.3 above.
15. JE Sh. G.P. Jaiswal, (Bldg.)-IE, AE Sh. V.K. Tyagi, (Bldg.)-II, Shahdara (North) Zone, Architect -
Answer as per Sr. No. 1 above.
16. There is not such type of law. I
17. Residential.
18. Answer as per Sr. No. 1 above.
19.1. D. No. 2383.
20. Answer as per Sr. No. 1 above.

• Property No. 1,7310 (abutting) near school, East Gorakh Park, Shahdara Delhi.
1. There is no any kind of information of any record about the properly No. I,7310 (abutting) near
school, East Gorakh Park, Shahdara, Delhi in building department, MCD. So, it is not possible t answer
your question.
                                                                                               Page 2 of 4
 2. Answer as per Sr. No. 1 above.
3. Answer as per Sr. No. 1 above.
4. Answer as per Sr. No. 1 above.
5. Answer as per Sr. No. 1 above.
6. Answer as per Sr. No. 1 above.
7. Due to overloading of staff there certificates are not in effect.
8. Answer as per Sr. No. 7 above.
9. Answer as per Sr. No. 7 above.
10. Answer as per Sr. No. 1 above.
11. Answer as per Sr. No. 1 above.
12. Answer as per Sr. No.7 above.
13. Answer as per Sr. No. 1 above.
14. Answer as per Sr. No. 1 above.
15. JE Sh. G.P. Jaiswal, (Bldg.)-II AE Sh. V.K. Tyagi, (Bldg.)-II, Shahdara (North) Zone, Architect -
Answer as per Sr. No. 1 above.
16. Answer as per Sr. No. 1 above
17. Answer as per Sr. No. 1 above
18. Answer as per Sr. No. 1 above.
19. D. No. 2383.
20. Answer as per Sr. No. 1 above.

Property No. 1/9752, Gorakh Park, Shahdara Delhi.
   1. There is no any kind of information or any record about the property No. 1/9752, Gorakh Park,
       Shahdara, Delhi in building department, MCD. So, it is not possible to answer your question.
   2. Answer as per Sr. No. 1 above.
   3. Answer as per Sr. No. 1 above.
   4. Answer as per Sr. No. 1 above.
   5. Answer as per Sr. No. 1 above.
   6. Answer as per Sr. No. 1 above.
   7. Due to overloading of staff there certificates are not in effect.
   8. Answer as per Sr. No. 7 above.
   9. Answer as per Sr. No. 7 above.
   10. Answer as per Sr. No. 1 above.
   11. Answer as per Sr. No. 1 above.
   12. Answer as per Sr. No. 7 above.
   13. Answer as per Sr. No. 1 above.
   14. Answer as per Sr. No. 1 above.
   15. JE Sh. G.P. Jaiswal, (Bldg.) - II, AE Sh. V.K. Tyagi, (Bldg.)-II, Shahdara (North) Zone,
       Architect - Answer as per Sr. No. 1 above.
   16. Answer as per Sr. No. 1 above.
   17. Answer as per Sr. No. 1 above.
   18. Answer as per Sr. No. 1 above.
   19. D.No. 2383.
   20. Answer as per Sr. No. 1 above.

Grounds for the First Appeal:
The appellant was received an unsatisfactory reply from the PIO.

Order of the First Appellate Authority (FAA):
No any order had been passed by first appellate authority.
                                                                                             Page 3 of 4
 Ground of the Second Appeal:
The applicant is not satisfied with the PIO reply and no order has been passed by the First Appellate
Authority.

Relevant Facts

emerging during Hearing:

Both the parties were given an opportunity for hearing. However, neither party appeared. From a perusal
of the papers it appears that the information available on the records has been provided to the Appellant.
The Appellant appears to be claiming that information available on records does not reflect the actual
condition on the ground.

Decision:

The Appeal is disposed.

Information available on the records appears to have 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
14 November 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)

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