CENTRAL INFORMATION COMMISSION
F.No. CIC/WB/A/2008/01214/LS
(Hearing at Chandigarh)
Appellant : Shri Jaspal Singh
Public Authority : Chandigarh Housing Board
(through Shri B.K. Nangia, Executive Engineer-II,
Shri Naresh Kumar Sharma, AO-III & Shri S.P. Singh,
SDO (Enforcement)
Date of Hearing : 4.3.2009
Date of Decision : 4.3.2009
FACTS
By his letter of 11.7.2007, the appellant had sought information as to
whether the removal of the wall between booth No. 75 & 76 in Main Market
Modern Housing Complex, Mani Majra was illegal or not.
2. The CPIO had informed him vide letter dated 13.8.2007 that the
amalgamation of both the booths was legal and had been approved by the
Chandigarh Housing Board.
3. Dissatisfied with this, the appellant has filed the present appeal before the
Commission.
4. The matter was heard on 4.3.2009 at UT Guest House Chandigarh. The
appellant appeared before the Commission. The public authority is represented by
the officer named above. It is the submission of the appellant that the CPIO has
given him contradictory information in as much as in letter dated 13.8.2007, he
was informed that amalgamation of two booths was legal but vide letter dated
11.1.2008, he was informed as follows :-
“i. As per structural drawing, common wall between two booths is a load
bearing wall and cannot be removed;
ii. As per records, this office has never accorded any permission of re-
construction of two booths No. 75-76, Mani Majra into one, nor charge any
conversion charges on this account.”
It is, thus, his say that apart from providing him contradictory information,
he has not been informed as to whether the Board had permitted the amalgamation
of the two booths. Besides, it is also his say that the removal of the load bearing
wall may lead to structural instability resulting in an accident, causing risk to life
of the users of the structure.
5. The submission of the appellant has force. It needs to be determined
whether the Chandigarh Housing Board has given permission for removal of the
load bearing wall between the two booths and also whether it has taken into
account the possibility of structural instability resulting from such decision.
DECISION
6. In view of the above, the Chairman of the Chandigarh Housing Board is
hereby directed to re-visit the matter and take appropriate action at his end and
inform the appellant accordingly.
7. The matter is disposed of subject to the above directions.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy, Additional copies of orders shall be supplied against
application and payment of the charges, prescribed under the Act, to the CPIO of
this Commission
(K.L. Das)
Assistant Registrar