CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/01560 dated 27.11.2007
Right to Information Act 2005 - Section 19
Appellant - Shri Rakesh Agarwal
Respondent - New Delhi Municipal Council (NDMC)
Facts
:
By an application of 20.4.07 Shri Rakesh Agarwal of Connaught Lane, New
Delhi applied to the Executive Engineer (UACC), MDMC seeking the following
information:
“Kindly provide me the following information in respect of all
encroachments and illegal constructions in the said area:1. Kindly provide me the details of every property (including
roads, streets, lands, buildings, other structures etc), which
belongs to you or to any public authority on the given map
but has been partially or fully encroached upon or illegal
construction done. For each property, the details should
include the following:a) Address of the property.
b) Whether it is encroachment or illegal
construction or both.c) Name and address of the person/ company
who has encroached upon the property or
done illegal construction.d) Type of encroacher viz. individual,
company, NGO, government body, etc.e) Total area in square feet or square metres
that has been encroached upon or built.f) Whether the area is an environmentally
protected area.g) Market value of the area encroached upon.
h) Type of structure constructed.
i) Estimated time it would take to construct
such a structure.j) The date on which the encroached or illegal
construction came to your notice.k) How did it come to your notice?
l) Detail the steps taken by you to reclaim/
repossess property and evict the
encroacher or to demolish the illegal
construction.1
m) The date on which you took the first step
towards evicting the encroacher or
demolishing the illegal construction.n) If you have not taken any steps, please
explain why you have not done so.o) Did you take any legal action?
p) If yes, please provide the date the action
was initiated.q) If no legal action has been taken, then
explain why you have not done so.r) Current case no. and court details.
s) Total legal cost incurred so far.
t) Correct activity running at the property.
u) Was any clearance/ permission granted by
you to commence/ continue the activity.v) If yes, how and why was the clearance or
permission given?
w) Is electricity installed there? If yes, please
provide K. No.2 I would like to inspect those portions of all of the above
properties that have been encroached upon or illegally
constructed. Kindly advise me a venue where to start the
inspection from and also advise the date, time and name/
contact- details of the official who will meet me for the
purpose.”
To this he received a response dated 3.5.07 from Shri Jai Chandra,
Executive Engineer (UACC), dissatisfied with which, he moved an appeal
before Director (UACC), NDMC on 13th May, 2007 upon which he received an
order from Shri Sanjib Sengupta First Appellate Authority UACC NDMC dated
26.6.07, against which he has moved this appeal before us on 8.11.07.Having
admitted the appeal, however, we have received a letter of 16.2.09 from
appellant Shri Rakesh Agarwal stating as follows:
“It appears that you have registered my appeal twice. The matter
has already been heard and decided under appeal No.
CIC/WB/A/2007/01484.”
DECISION NOTICE
On verifying our records, we find that appeal in File No.
CIC/WB/A/2007/001560 is indeed a duplicate of the appeal heard, as mentioned
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by appellant, in File No. CIC/WB/A/2007/01484, which stands, decided on
23.1.2009. In that case we had directed as follows:
“From the facts above, it appears that this is a case of malafide
denial of Information by the PIO. However since it is the
responsibility of the First Appellate Authority to ensure that the
orders passed by it are duly complied with by the PIO, the
Commission, therefore, has decided to remand the case back to
the Appellate Authority Ms. Ranjana Deswal, Director, NDMC to
ensure that its orders under section 19(1) are duly complied with
and the requested information furnished in terms of the order so
passed, with the qualification that now, in accordance with Sec 7(6)
of the RTI Act, 2005, no fees will be charged.
If the compliance is not ensured within 15 days from the date of
receipt of this order, the FAA Mrs. Ranjana Deswal, Director,
NDMC should approach this Commission for initiation of
proceedings under section 20 of the RTI Act for imposition of
penalty and/or recommending appropriate disciplinary action. This
will be without prejudice to the right of the First Appellate Authority
to initiate other penal action under the Indian Penal Code against
the PIO for wilful violation of lawful orders promulgated by a public
servant while exercising statutory powers.
Appellant had also complained of the lack of response in the PIO’s
office to which he had to make approaches simply to have his
application received. Mrs. Ranjana Deswal will, therefore, ensure
that the processes in the office of Executive Engineer, UACC are
brought into full compliance with the requirements of the RTI Act in
servicing the application from citizens, so that citizens are not
submitted to unnecessary inconvenience in submitting applications
in future. This Appeal now stands disposed of.”
That Appeal now stands disposed of. In light of the above, the present
appeal having already been disposed of is infructuous and will now abate.
Announced in open chambers. Notice of this decision be given free of cost
to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
16.4.2009
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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.
(Pankaj Shreyaskar)
Joint Registrar
16.4.2009
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