Indian Kanoon - Search engine for Indian Law

Central Information Commission

Ramesh Chander Gupta vs South Delhi Municipal Corporation ... on 10 July, 2020

                                  के न्द्रीय सूचना आयोग
                         Central Information Commission
                              बाबा गंगनाथ मागग, मुननरका
                         Baba Gangnath Marg, Munirka
                          नई ददल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/SDMCC/A/2018/148773

Shri Ramesh Chander Gupta                                       ... अपीलकताग/Appellant
                                   VERSUS/बनाम

PIO/Dy. Commissioner, SDMC,                                ...प्रनतवादीगण /Respondent
Lajpat Nagar, New Delhi

Through: Shri Lalit Sharma, PIO/AE
present through audio conference

Date of Hearing                          :   09.07.2020
Date of Decision                         :   10.07.2020

Information Commissioner                 :   Shri Y. K. Sinha

Relevant facts emerging from appeal:
RTI application filed on                 :   08.05.2018
PIO replied on                           :   Nil
First Appeal filed on                    :   14.06.2018
First Appellate Order on                 :   Nil
2ndAppeal/complaint received on          :   01.08.2018

Information sought

and background of the case:

The Appellant filed an RTI application dated 08.05.2018 seeking information on the following 6 points:

1. Whether the construction going on at H. No. E-16 and 17, Amar Colony, Lajpat Nagar IV, New Delhi-110024 is as per the Sanctioned Plan approved by SDMC? If not, than what action has been taken against the site officials?

2. If so, whether the Basement has been sanctioned. If so please inform the details of setbacks to be left from the adjoining building?

3. Whether Master Plan and Building Byelaws 2016 permit any such BASEMENT? If so please inform the details as well as the conditions on which such basement can be permitted.

4. Whether SDMC will take action against the Builder if it is found that Builder is violating the sanctioned plan?

5. A copy of the Sanctioned Plan in respect of above building be provided please.

6. Please provide a copy of the Site Inspection report in respect of this property.

[Queries are verbatim] Having not received any reply from the PIO, Appellant filed a First Appeal dated 14.06.2018 which was not adjudicated therefore Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.

The Appellant participated in the hearing on being contacted on his telephone. He stated that no reply in response to his RTI Application has been received till date. He further stated that the First Appeal also has not been adjudicated by the First Appellate Authority.

Respondent is represented by Shri Lalit Sharma, PIO/AE through audio conference. He submitted that point-wise information was provided to the Appellant vide letter dated 08.06.2018. Upon being asked as to why this was not intimated to the Commission before hearing, the PIO could not provide the reason and regretted the same.

Commission directed the PIO to forward a copy of the aforesaid reply dated 08.06.2018 alongwith proof of delivery to the Registry's email address by the end of the day.

Appellant interjected to state that a copy of this order and its compliance may be sent to his new address i.e., Vyas Ashram, Sapt Sarovar Marg, Near Bhuma Niketan, Dhupat Wala Haridwar, Haridwar, Uttarakhand - 249410.

Decision:

Commission is in receipt of the Respondent's email and upon perusal of the facts on record as well as on the basis of the proceedings during hearing, Commission observes that the reply provided by the Respondent vide letter dated 08.06.2018 is satisfactory but the same was returned undelivered with remarks "door lock". In view of this, Commission directs the PIO to re-send a copy of the reply dated 08.06.2018 to the aforesaid address of the Appellant with a copy marked to the Commission.

The said directions shall be complied with, on or before 07.08.2020, failing which action shall be initiated against him suo-motu.

With the aforesaid observations and directions, the instant Second Appeal is disposed off.

Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 2 of 2