{"id":116510,"date":"2009-07-15T00:00:00","date_gmt":"2009-07-14T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/shri-s-c-sareen-vs-deputy-commissioner-police-dcp-on-15-july-2009"},"modified":"2018-03-14T07:11:49","modified_gmt":"2018-03-14T01:41:49","slug":"shri-s-c-sareen-vs-deputy-commissioner-police-dcp-on-15-july-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/shri-s-c-sareen-vs-deputy-commissioner-police-dcp-on-15-july-2009","title":{"rendered":"Shri S.C. Sareen vs Deputy Commissioner Police (Dcp) … on 15 July, 2009"},"content":{"rendered":"
Central Information Commission<\/div>\n
Shri S.C. Sareen vs Deputy Commissioner Police (Dcp) … on 15 July, 2009<\/div>\n
              CENTRAL INFORMATION COMMISSION\n                Appeal No. CIC\/WB\/A\/2008\/00205 dated 18-1-2008\n                  Right to Information Act 2005 - Section 19\n\nAppellant:          Shri S.C. Sareen\nRespondent:         Deputy Commissioner Police (DCP) Traffic\n                         Decision Announced 15.7.'09\nFACTS<\/pre>\n
      By an RTI request of 1-8-2007 Shri S.C. Sareen of Sukhdev Vihar,
\nNew Delhi applied to the DCP (Traffic) Hqrs. seeking information on 12 points
\nregarding Stand numbers notified by the Department and the parking of Taxis.
\nTo this he received a response point-wise dated 27-8-2007 from CPIO Shri
\nD.P. Verma, DCP (Traffic) Hqrs. as follows:\n<\/p>\n
      “Q. 1. The stand numbers notified by your Department on the
\n             road in question have not been furnished. Please do it
\n             now.\n<\/p><\/blockquote>\n
      Ans. As per records, 37 General Taxi Stands situated in Lajpat
\n             Nagar Circle.\n<\/p><\/blockquote>\n
      Q.2. In reply to Q. no. 1(C) you have said that nine DLT taxies
\n           have been allowed to Park at General Taxi Stands (GTS)
\n           along the wall       of CRRI, Sukhdev Vihar. If so please
\n           indicate:\n<\/p><\/blockquote>\n
            a.    How much space is required to park nine taxies
\n                  and.\n<\/p><\/blockquote>\n
      Ans. The matter pertains to MCD. However, your application
\n           has been       sent to Dy. Commissioner, South Zone,
\n           MCD, Delhi.\n<\/p><\/blockquote>\n
           b.     Can the taxis be parked in any haphazard manner
\n           or
\n      Ans. No, the taxis cannot be parked in haphazard manner.\n<\/p><\/blockquote>\n
            c.    Only on the earmarked space.\n<\/p><\/blockquote>\n
           Ans. Yes, the taxis are parked on the earmarked space.\n<\/p><\/blockquote>\n
      Q. 3. In reply to Q. No. 2, you have said that GTS is notified
\n            under section 3 of the Delhi Control of Vehicular and
\n            other Traffic on        Road & Streets Regulation, 1980.
\n            This section does not empower the DCP Traffic to
\n            notify GTS. It only empowers DCPT to notify the roads
\n            to PROHIBIT the parking of vehicles. Please furnish the
\n            relevant extracts of this section under which GTS has
\n            been notified.\n<\/p><\/blockquote>\n
      Ans. The committee constituted for framing policy regarding
\n            General Taxi Stands in Delhi has mentioned at page No.
\n            32 that ‘it is further recommended to remove confusion in<\/p>\n
                                       1<\/span>
\n       the future, necessary amendments in the Delhi Motor
\n      Vehicle Rules 1993 may be made to give effect to the
\n      above recommendation i.e. the Deputy Commission of
\n      Police (Traffic) will be of the sole authority to notify\/ de-<\/p><\/blockquote>\n
      notify the GTS in Delhi and the words District Magistrate,
\n      wherever used in the Rules in connection with GTS may
\n      be replaced by the words ‘Dy. Commissioner of Police
\n      (Traffic).’<\/p>\n
Q. 4. In reply to Q. No. 3 you have said that recommendation
\n      of RWA is desired for notifying a GTS. Did you make any
\n      reference to us.\n<\/p>\n
Ans. On the direction of Hon’ble High Court the land owning
\n      agency allotted the land and Traffic police have notified
\n      the General Taxi Stand.\n<\/p>\n
Q. 5. You have also said in your reply that a GTS is allotted on
\n      the request of group of individual having ownership of
\n      taxies. Please furnish the registration number of the nine
\n      DLT taxies and the name of their registered owners on
\n      whose request the GTS in question has been recently
\n      notified on 18.5.2007.\n<\/p>\n
Ans. This is a case of shifting of General Taxi stand from Kalka
\n      More, Ishwar Nagar, Mathura Road, New Delhi on the
\n      directions of Hob’ble High Court of Delhi, so there was no
\n      need to obtain the request o the group of individuals
\n      having owner shop of Taxis. However, the copies of nine
\n      DLT Taxis along with the name of their registered owners
\n      are available in this office but the same can be provided
\n      to you as and when you will deposit the fee i.e. Rs. 2\/-
\n      per page as per RTI Act.\n<\/p>\n
Q. 6. In reply to our Q. No. 4 you have said that a survey was
\n      conducted by TI\/LNC to assess the requirement. Please
\n      supply the copy of the survey report along with noting on
\n      file approving the notification.\n<\/p>\n
Ans. The copy is available in this office but the same can be
\n      provided to you as and when you will deposit the fee i.e.
\n      Rs. 2\/- per page as per RTI Act.\n<\/p>\n
      (a)     Was the fact that one GTS already exists on the
\n              same road at a distance of about 100 mts brought
\n              on record to the notice of notifying authority.
\nAns. There is an another General Taxi Stand just 100 mtr
\n      ahead from the General Taxi Stand of CRRI.\n<\/p>\n
Q. 7. Also furnish number of GTS notified under Lajpat Nagar
\n      Traffic Circle with notification numbers, locations and
\n      number of taxies allowed with each mtr. Between two
\n      GTS on the same stretch of road as is on the road in
\n      question with five plus nine DLT taxies respectively.\n<\/p>\n
                                2<\/span><\/p>\n
 Ans. The list of notified General Taxi Stand in Lajpat Nagar
\n     Circle is available in this office but the same can be
\n     provided to you as and when you will deposit the fee i.e.
\n     Rs. 2\/- per page as per RTI Act.\n<\/p>\n
Q. 8. In reply to Q. No. 5 you have said that 11 cars were found
\n      parked illegally and improperly near the GTS. IF so
\n      whether action to denotify the stand have been taken. If
\n      so please furnish copy of the same.\n<\/p>\n
Ans. 11 cars have been prosecuted which were found parked
\n      illegally and improperly near General taxi Stand Sukhdev
\n      Vihar u\/s 122\/177 M. V. act but no request was sent for
\n      its de-notified.\n<\/p>\n
Q. 9. In reply to Q. No. 7 you have said that such activity is not
\n      permitted.\n<\/p>\n
      a.     Did you not notice such activity when inspections
\n             were made in the past and vehicle were
\n             challenged.\n<\/p>\n
Ans. In response to Q. No. 7 of your application dated
\n      31.7.2007. The activity like ease and desecrate are not
\n      permitted.\n<\/p>\n
      b.     Is it not in your duty to ensure that law is not
\n             violated. If so why you expect us to lodge
\n             complaint, when you know and see that violation is
\n             being committee.\n<\/p>\n
Ans. The visible offence, which came into the knowledge of
\n      Police, the action is taken accordingly. However, the
\n      offence which are out of site of Police there is need of
\n      written complaint of the complainant.
\n      c.     A huge bamboo structure has been put on the said
\n             GTS, under the building byelaws it is a structure.
\n             This structure is in violation of your terms of
\n             notification. If so what action has been taken by
\n             the traffic police.\n<\/p>\n
      Ans. As per terms and condition one should have make
\n      temporarily structure at General Taxi Stand.\n<\/p>\n
Q. 10. After our two complaints to DCP\/ Traffic in the past and
\n       our application under RTI Act. How many inspections
\n       were made by TI of the area of this GTS. Please furnish
\n       details of each inspection date wise vehicles challenged
\n       with their registration No. and relevant section of law
\n       under which challenged.\n<\/p>\n
Ans. Time to time inspection have been made4 to check the
\n       General Taxi Stand and if any unauthorized vehicle is
\n       found parked the same is prosecuted u\/s 122\/177 M. V.
\n       Act and necessary proposal for its de-notification is sent
\n       to competent authority.\n<\/p>\n
                                3<\/span><\/p>\n
       Q. 11. Whether any reference\/ recommendation has been made
\n             to the transport department of Delhi to suspend\/ cancel
\n             the registration or private vehicle found at GTS during
\n             inspection. If not why?\n<\/p>\n
      Ans. No. The cases to suspend\/ cancel the registration of
\n             permit vehicles are not sent.\n<\/p>\n
      Q. 12. Transport Department of Delhi Govt gave a wide publicity
\n             in leading newspapers on 21.6.2007, that use of private
\n             vehicles as taxi is illegal.\n<\/p>\n
      a.     What action been taken against such violation and
\n             number of vehicles challenged for this violation since
\n             21.6.2006.\n<\/p>\n
      Ans. 47 vehicles have been challenged since 21.6.2006.
\n      b.     In how many cases for this violation transport department
\n             has been asked to take suspension action.
\n             Ans. Nil cases have been sent to STA.\n<\/p>\n
      C.   Whether, any raids have been conducted on various taxi
\n           stands in Delhi and also on various tourist operator to
\n           check this violation. If so furnish complete details thereof.
\n      Ans. Time to time raids have been conducted and the vehicles
\n           found parked obstructively are challenged.”\n<\/p>\n
      Not satisfied with responses received to question Nos. 2 (c), 3, 5, 6, 7,
\n9 (c) 10 and 12 (c) Shri S.C. Sareen moved an appeal before Addl.
\nCommissioner of Police (Traffic) upon which he received the following order
\ndated 20-10-07 from Shri M.S. Upadhye, Addl. C.P.\n<\/p>\n
      “On perusal of Order issued by DCP\/T-HQ, it is noted that the
\n      Taxi Stand for the above mentioned place has been notified for
\n      parking of nine DLT Taxis and hence the number of Taxis
\n      should not exceed nine. PIO\/ Traffic is directed to inform the
\n      applicant the ECS area required for parking of one car as per
\n      IRC norms. As regards putting up of huge bamboo structure at
\n      the Taxi Stand, PIO\/ Traffic may refer the matter to MCD Central
\n      Zone to know whether such structure is permitted or not and
\n      take appropriate action accordingly. As regards the objection
\n      raised at point No. 7 in the appeal in respect of question No. 10
\n      of the RTI application, DCP\/T-SR and field officers have been
\n      directed to prosecute vehicles found parked unauthorisedly at
\n      Taxi Stands and to maintain data in respect of such prosecution
\n      in future. PIO\/ Traffic is future directed to obtain data from the
\n      TI concerned regarding action taken against unauthorisedly
\n      parked vehicles at the Taxi stand in question if available and
\n      furnish hit to the appellant within 7 working days. Similar action
\n      shall also be taken in respect of point No. 8 in the appeal.\n<\/p><\/blockquote>\n
                                      4<\/span><\/p>\n
       Being the appellate authority, the responsibility of the
\n      undersigned is confined to ensuring only that information sought
\n      by the appellant from PIO\/ Traffic is given to him in accordance
\n      with the RTI Act, 2005. As regards point no. 2 of the appeal, it is
\n      noted that information sought by the appellant has been
\n      provided by the PIO\/ Traffic. In case the applicant desires to
\n      have more information on this issue, he may seek the requisite
\n      information from PIO\/ Traffic by submitting separate application
\n      under RTI Act 2005. As far as providing information sought at
\n      point No. 5, 6 and 7 is concerned, as informed by PIO\/ Traffic,
\n      the appellant may deposit the requisite fees per page as
\n      prescribed in the RTI Act and collect the same from PIO\/
\n      Traffic’s office.”<\/p><\/blockquote>\n
      However, on not receiving a further response Shri Sareen has moved
\nan appeal before us with the following prayer:\n<\/p>\n
      “1.    In reply to Para. 1 of our appeal dated 21.9.2007
\n             appellate authority has informed that PIO Traffic has
\n             been directed to inform the applicant, the ECS area
\n             required for parking on one car as per IRC norms. No
\n             information has been received by us till date.\n<\/p><\/blockquote>\n
      2.     No reply to Para 2 of our appeal dated 21.9.2007
\n             regarding relevant provisions of The Delhi Control of
\n             Vehicular and other traffic on Road & Street
\n             Regulation 1980 empowering DCP Traffic to notify a
\n             GTS has been furnished.\n<\/p><\/blockquote>\n
      3.     No reply to Para 3 of our appeal dated 21.9.2007 has
\n             been furnished.\n<\/p><\/blockquote>\n
      4.     No reply to Para 4 of our appeal dated 21.9.2007 has
\n             been furnished.\n<\/p><\/blockquote>\n
      5.     With regard to Para 5, 6, 7 and 8 of our appeal dated
\n             21.9.2007 the information has not yet been supplied
\n             to us in spite of the fact that the required fee was
\n             deposited in advance along with our RTI application
\n             dated 1.8.2007.”\n<\/p><\/blockquote>\n
The appeal was heard on 15-7-2009. The following are present.\n<\/p>\n
      Appellants
\n      Shri S.C. Sareen.\n<\/p>\n
      Shri Pradeep Mittal
\n      Respondents
\n      Shri Prabhakar, DCP\/ Traffic (HQ).\n<\/p>\n
      Shri Amrik Singh, Inspector.\n<\/p>\n
      HC Mani, HC.\n<\/p>\n
      Shri Prabhakar, DCP (Traffic) admitted that in fact the orders of Addl.
\nC.P. had not been complied with but they have been complied with now.
\nAppellant Shri Sareen also acknowledged that he had received the reply<\/p>\n
                                      5<\/span>
\n dated 14-7-09 at 10 p.m. the night before the hearing.             He, however,
\nsubmitted that all documents were not legible.\n<\/p>\n
                               DECISION NOTICE<\/p>\n
       The appeal before us was basically that of non-compliance with the
\norders of Appellate Authority. These have now been complied with. Whereas
\nin response to some questions time limit was prescribed by the Appellate
\nAuthority, this was not so in respect of disclosure in response to all questions.
\nThe order of Addl. C.P. Shri M.S. Upadhye can be faulted on this ground
\nsince it has disabled his own ability to ensure compliance. Nevertheless,
\nhaving heard the parties and examined the record our orders with regard to
\nthis appeal are as follows:\n<\/p>\n
   1. DCP Shri Prabhakar will ensure providing a clear copy of the
\n       information provided by him on 14-7-2009 to appellant Shri S.C.
\n       Sareen within 10 workings days of the date of issue of this decision
\n       notice.\n<\/p>\n
   2. Shri S.C. Sareen may satisfy himself regarding the information now
\n       provided. In case he is not satisfied it will be open to him to move a
\n       complaint before us u\/s 18 (1) (e) of the RTI Act.\n<\/p>\n
   3. DCP Shri Prabhakar will enquire into the reasons why the orders of
\n       Addl. CP dated 20-10-2007 were not complied with up to 14-7-09 and
\n       identify those responsible. If it is established that the failure to respond
\n       is in violation of the RTI Act, Shri Prabhakar will also recommend
\n       appropriate penalties on the defaulting officials. A report in this matter
\n       may be submitted by Shri Prabhakar to this Commission by 31st July
\n       2009.\n<\/p>\n
       This Appeal now stands disposed of. Announced in the hearing. Notice
\nof this decision be given free of cost to the parties.\n<\/p>\n
(Wajahat Habibullah)
\nChief Information Commissioner
\n15-7-2009<\/p>\n
                                         6<\/span>
\n Authenticated true copy. Additional copies of orders shall be supplied against
\napplication and payment of the charges prescribed under the Act to the CPIO
\nof this Commission.\n<\/p>\n
(Pankaj K.P. Shreyaskar)
\nJoint Registrar
\n15-7-2009<\/p>\n
                                      7<\/span>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Central Information Commission Shri S.C. Sareen vs Deputy Commissioner Police (Dcp) … on 15 July, 2009 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[39,1],"tags":[],"class_list":["post-116510","post","type-post","status-publish","format-standard","hentry","category-central-information-commission","category-judgements"],"yoast_head":"\nShri S.C. 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