CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2008/00205 dated 18-1-2008
Right to Information Act 2005 - Section 19
Appellant: Shri S.C. Sareen
Respondent: Deputy Commissioner Police (DCP) Traffic
Decision Announced 15.7.'09
FACTS
By an RTI request of 1-8-2007 Shri S.C. Sareen of Sukhdev Vihar,
New Delhi applied to the DCP (Traffic) Hqrs. seeking information on 12 points
regarding Stand numbers notified by the Department and the parking of Taxis.
To this he received a response point-wise dated 27-8-2007 from CPIO Shri
D.P. Verma, DCP (Traffic) Hqrs. as follows:
“Q. 1. The stand numbers notified by your Department on the
road in question have not been furnished. Please do it
now.
Ans. As per records, 37 General Taxi Stands situated in Lajpat
Nagar Circle.
Q.2. In reply to Q. no. 1(C) you have said that nine DLT taxies
have been allowed to Park at General Taxi Stands (GTS)
along the wall of CRRI, Sukhdev Vihar. If so please
indicate:
a. How much space is required to park nine taxies
and.
Ans. The matter pertains to MCD. However, your application
has been sent to Dy. Commissioner, South Zone,
MCD, Delhi.
b. Can the taxis be parked in any haphazard manner
or
Ans. No, the taxis cannot be parked in haphazard manner.
c. Only on the earmarked space.
Ans. Yes, the taxis are parked on the earmarked space.
Q. 3. In reply to Q. No. 2, you have said that GTS is notified
under section 3 of the Delhi Control of Vehicular and
other Traffic on Road & Streets Regulation, 1980.
This section does not empower the DCP Traffic to
notify GTS. It only empowers DCPT to notify the roads
to PROHIBIT the parking of vehicles. Please furnish the
relevant extracts of this section under which GTS has
been notified.
Ans. The committee constituted for framing policy regarding
General Taxi Stands in Delhi has mentioned at page No.
32 that ‘it is further recommended to remove confusion in1
the future, necessary amendments in the Delhi Motor
Vehicle Rules 1993 may be made to give effect to the
above recommendation i.e. the Deputy Commission of
Police (Traffic) will be of the sole authority to notify/ de-
notify the GTS in Delhi and the words District Magistrate,
wherever used in the Rules in connection with GTS may
be replaced by the words ‘Dy. Commissioner of Police
(Traffic).’
Q. 4. In reply to Q. No. 3 you have said that recommendation
of RWA is desired for notifying a GTS. Did you make any
reference to us.
Ans. On the direction of Hon’ble High Court the land owning
agency allotted the land and Traffic police have notified
the General Taxi Stand.
Q. 5. You have also said in your reply that a GTS is allotted on
the request of group of individual having ownership of
taxies. Please furnish the registration number of the nine
DLT taxies and the name of their registered owners on
whose request the GTS in question has been recently
notified on 18.5.2007.
Ans. This is a case of shifting of General Taxi stand from Kalka
More, Ishwar Nagar, Mathura Road, New Delhi on the
directions of Hob’ble High Court of Delhi, so there was no
need to obtain the request o the group of individuals
having owner shop of Taxis. However, the copies of nine
DLT Taxis along with the name of their registered owners
are available in this office but the same can be provided
to you as and when you will deposit the fee i.e. Rs. 2/-
per page as per RTI Act.
Q. 6. In reply to our Q. No. 4 you have said that a survey was
conducted by TI/LNC to assess the requirement. Please
supply the copy of the survey report along with noting on
file approving the notification.
Ans. The copy is available in this office but the same can be
provided to you as and when you will deposit the fee i.e.
Rs. 2/- per page as per RTI Act.
(a) Was the fact that one GTS already exists on the
same road at a distance of about 100 mts brought
on record to the notice of notifying authority.
Ans. There is an another General Taxi Stand just 100 mtr
ahead from the General Taxi Stand of CRRI.
Q. 7. Also furnish number of GTS notified under Lajpat Nagar
Traffic Circle with notification numbers, locations and
number of taxies allowed with each mtr. Between two
GTS on the same stretch of road as is on the road in
question with five plus nine DLT taxies respectively.
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Ans. The list of notified General Taxi Stand in Lajpat Nagar
Circle is available in this office but the same can be
provided to you as and when you will deposit the fee i.e.
Rs. 2/- per page as per RTI Act.
Q. 8. In reply to Q. No. 5 you have said that 11 cars were found
parked illegally and improperly near the GTS. IF so
whether action to denotify the stand have been taken. If
so please furnish copy of the same.
Ans. 11 cars have been prosecuted which were found parked
illegally and improperly near General taxi Stand Sukhdev
Vihar u/s 122/177 M. V. act but no request was sent for
its de-notified.
Q. 9. In reply to Q. No. 7 you have said that such activity is not
permitted.
a. Did you not notice such activity when inspections
were made in the past and vehicle were
challenged.
Ans. In response to Q. No. 7 of your application dated
31.7.2007. The activity like ease and desecrate are not
permitted.
b. Is it not in your duty to ensure that law is not
violated. If so why you expect us to lodge
complaint, when you know and see that violation is
being committee.
Ans. The visible offence, which came into the knowledge of
Police, the action is taken accordingly. However, the
offence which are out of site of Police there is need of
written complaint of the complainant.
c. A huge bamboo structure has been put on the said
GTS, under the building byelaws it is a structure.
This structure is in violation of your terms of
notification. If so what action has been taken by
the traffic police.
Ans. As per terms and condition one should have make
temporarily structure at General Taxi Stand.
Q. 10. After our two complaints to DCP/ Traffic in the past and
our application under RTI Act. How many inspections
were made by TI of the area of this GTS. Please furnish
details of each inspection date wise vehicles challenged
with their registration No. and relevant section of law
under which challenged.
Ans. Time to time inspection have been made4 to check the
General Taxi Stand and if any unauthorized vehicle is
found parked the same is prosecuted u/s 122/177 M. V.
Act and necessary proposal for its de-notification is sent
to competent authority.
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Q. 11. Whether any reference/ recommendation has been made
to the transport department of Delhi to suspend/ cancel
the registration or private vehicle found at GTS during
inspection. If not why?
Ans. No. The cases to suspend/ cancel the registration of
permit vehicles are not sent.
Q. 12. Transport Department of Delhi Govt gave a wide publicity
in leading newspapers on 21.6.2007, that use of private
vehicles as taxi is illegal.
a. What action been taken against such violation and
number of vehicles challenged for this violation since
21.6.2006.
Ans. 47 vehicles have been challenged since 21.6.2006.
b. In how many cases for this violation transport department
has been asked to take suspension action.
Ans. Nil cases have been sent to STA.
C. Whether, any raids have been conducted on various taxi
stands in Delhi and also on various tourist operator to
check this violation. If so furnish complete details thereof.
Ans. Time to time raids have been conducted and the vehicles
found parked obstructively are challenged.”
Not satisfied with responses received to question Nos. 2 (c), 3, 5, 6, 7,
9 (c) 10 and 12 (c) Shri S.C. Sareen moved an appeal before Addl.
Commissioner of Police (Traffic) upon which he received the following order
dated 20-10-07 from Shri M.S. Upadhye, Addl. C.P.
“On perusal of Order issued by DCP/T-HQ, it is noted that the
Taxi Stand for the above mentioned place has been notified for
parking of nine DLT Taxis and hence the number of Taxis
should not exceed nine. PIO/ Traffic is directed to inform the
applicant the ECS area required for parking of one car as per
IRC norms. As regards putting up of huge bamboo structure at
the Taxi Stand, PIO/ Traffic may refer the matter to MCD Central
Zone to know whether such structure is permitted or not and
take appropriate action accordingly. As regards the objection
raised at point No. 7 in the appeal in respect of question No. 10
of the RTI application, DCP/T-SR and field officers have been
directed to prosecute vehicles found parked unauthorisedly at
Taxi Stands and to maintain data in respect of such prosecution
in future. PIO/ Traffic is future directed to obtain data from the
TI concerned regarding action taken against unauthorisedly
parked vehicles at the Taxi stand in question if available and
furnish hit to the appellant within 7 working days. Similar action
shall also be taken in respect of point No. 8 in the appeal.
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Being the appellate authority, the responsibility of the
undersigned is confined to ensuring only that information sought
by the appellant from PIO/ Traffic is given to him in accordance
with the RTI Act, 2005. As regards point no. 2 of the appeal, it is
noted that information sought by the appellant has been
provided by the PIO/ Traffic. In case the applicant desires to
have more information on this issue, he may seek the requisite
information from PIO/ Traffic by submitting separate application
under RTI Act 2005. As far as providing information sought at
point No. 5, 6 and 7 is concerned, as informed by PIO/ Traffic,
the appellant may deposit the requisite fees per page as
prescribed in the RTI Act and collect the same from PIO/
Traffic’s office.”
However, on not receiving a further response Shri Sareen has moved
an appeal before us with the following prayer:
“1. In reply to Para. 1 of our appeal dated 21.9.2007
appellate authority has informed that PIO Traffic has
been directed to inform the applicant, the ECS area
required for parking on one car as per IRC norms. No
information has been received by us till date.
2. No reply to Para 2 of our appeal dated 21.9.2007
regarding relevant provisions of The Delhi Control of
Vehicular and other traffic on Road & Street
Regulation 1980 empowering DCP Traffic to notify a
GTS has been furnished.
3. No reply to Para 3 of our appeal dated 21.9.2007 has
been furnished.
4. No reply to Para 4 of our appeal dated 21.9.2007 has
been furnished.
5. With regard to Para 5, 6, 7 and 8 of our appeal dated
21.9.2007 the information has not yet been supplied
to us in spite of the fact that the required fee was
deposited in advance along with our RTI application
dated 1.8.2007.”
The appeal was heard on 15-7-2009. The following are present.
Appellants
Shri S.C. Sareen.
Shri Pradeep Mittal
Respondents
Shri Prabhakar, DCP/ Traffic (HQ).
Shri Amrik Singh, Inspector.
HC Mani, HC.
Shri Prabhakar, DCP (Traffic) admitted that in fact the orders of Addl.
C.P. had not been complied with but they have been complied with now.
Appellant Shri Sareen also acknowledged that he had received the reply
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dated 14-7-09 at 10 p.m. the night before the hearing. He, however,
submitted that all documents were not legible.
DECISION NOTICE
The appeal before us was basically that of non-compliance with the
orders of Appellate Authority. These have now been complied with. Whereas
in response to some questions time limit was prescribed by the Appellate
Authority, this was not so in respect of disclosure in response to all questions.
The order of Addl. C.P. Shri M.S. Upadhye can be faulted on this ground
since it has disabled his own ability to ensure compliance. Nevertheless,
having heard the parties and examined the record our orders with regard to
this appeal are as follows:
1. DCP Shri Prabhakar will ensure providing a clear copy of the
information provided by him on 14-7-2009 to appellant Shri S.C.
Sareen within 10 workings days of the date of issue of this decision
notice.
2. Shri S.C. Sareen may satisfy himself regarding the information now
provided. In case he is not satisfied it will be open to him to move a
complaint before us u/s 18 (1) (e) of the RTI Act.
3. DCP Shri Prabhakar will enquire into the reasons why the orders of
Addl. CP dated 20-10-2007 were not complied with up to 14-7-09 and
identify those responsible. If it is established that the failure to respond
is in violation of the RTI Act, Shri Prabhakar will also recommend
appropriate penalties on the defaulting officials. A report in this matter
may be submitted by Shri Prabhakar to this Commission by 31st July
2009.
This Appeal now stands disposed of. Announced in the hearing. Notice
of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
15-7-2009
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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 K.P. Shreyaskar)
Joint Registrar
15-7-2009
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