Central Information Commission
Anil Dutt Sharma vs South Delhi Municipal Corporation ... on 26 July, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग ,मु नरका
Baba Gangnath Marg, Munirka
नईिद ली, New Delhi - 110067
ि तीयअपीलसं या / Second Appeal No.: CIC/SDMCC/A/2019/109593
CIC/SDMCC/A/2019/109594
CIC/SDMCC/A/2019/109596
CIC/SDMCC/A/2019/109597
CIC/SDMCC/A/2019/109598
CIC/SDMCC/A/2019/109600
CIC/SDMCC/A/2019/109601
CIC/SDMCC/A/2019/109602
Anil Dutt Sharma .....अपीलकता/Appellant
VERSUS/बनाम
Public Information Officer under RTI,
Executive Engineer-(Build.)-II/Central Zone,
South Delhi Municipal Corporation, Building-II Department,
Central Zone, Shiv Mandir Marg, Jal Vihar,
Lajpat Nagar, New Delhi-1100024.
... तवाद गण/Respondent
Relevant facts emerging from appeal:
Date of Hearing : 06.05.2021
Date of Interim Decision : 06.05.2021
Date of final Decision :
CIC/SDMCC/A/2019/109593 CIC/SDMCC/A/2019/109594
RTI application filed : 26.11.2018 26.11.2018
on
CPIO replied on : 01.01.2019 01.01.2019
First appeal filed on : 05.01.2019 05.01.2019
First Appellate : 01.02.2019 01.02.2019
Authority order
Second Appeal : 28.02.2019 28.02.2019
Page 1 of 26
received at CIC
CIC/SDMCC/A/2019/109596 CIC/SDMCC/A/2019/109597
RTI application filed on : 26.11.2018 26.11.2018
CPIO replied on : 01.01.2019 01.01.2019
First appeal filed on : 05.01.2019 05.01.2019
First Appellate Authority : 01.02.2019 01.02.2019
order
Second Appeal received : 28.02.2019 28.02.2019
at CIC
CIC/SDMCC/A/2019/109598 CIC/SDMCC/A/2019/109600
RTI application filed on : 26.11.2018 26.11.2018
CPIO replied on : 01.01.2019 01.01.2019
First appeal filed on : 05.01.2019 05.01.2019
First Appellate Authority : 01.02.2019 01.02.2019
order
Second Appeal received : 28.02.2019 28.02.2019
at CIC
CIC/SDMCC/A/2019/109601 CIC/SDMCC/A/2019/109602
RTI application filed on : 26.11.2018 26.11.2018
CPIO replied on : 01.01.2019 01.01.2019
First appeal filed on : 05.01.2019 05.01.2019
First Appellate Authority : 01.02.2019 01.02.2019
order
Second Appeal received : 28.02.2019 28.02.2019
at CIC
सूचना आयु : ी हीरालाल साम रया
Information Commissioner: Shri Heeralal Samariya
Page 2 of 26
Note: The above referred appeals are clubbed together as they are
preferred by the same appellant. Since the issues involved in the present
appeals are similar in nature, the Commission proposes to adjudicate upon
them together through the present order.
CIC/SDMCC/A/2019/109593
Information sought:
The Appellant sought information for the tenure of EE (B-II) Sh. R R Meena in the Zonal office of Central Zone on 05 points is as under:
1. Please inform which section of DMC Act pertains to the "booking of property" and if it satisfies section 344 & 343 DMC Act then provide me copy of record which contained action under section 343 & 344 DMC Act/demolition action taken against the booked properties after issuance of work stop notice.
2. Please designation of the officer who is competent to pass demolition action under section 343 and competent to issue work stop notice under 344 DMC Act. Inform total no. of properties booked since constitution of STF (2018) to 30.09.2018.
3. Please inform total no. of properties pending for action under section 343 DMC Act after booking of properties.
4. Inform total no. of properties is in existence.
5. Name of the AE (B) who have pending to pass demolition ord.er under section 343 and pending notice to issue under section 344 DMC Act and name of the JE (B) who did not pass demolition action under section 343 DMC Act after passing demolition order.
PIO, vide letter dated 01.01.2019, furnished reply to the Appellant as under:
Dissatisfied with the information furnished, the Appellant filed First Appeal, vide letter dated 05.01.2019.Page 3 of 26
FAA, vide order dated 01.02.2019, held as under:
Written submissions have been received from the Appellant for perusal before the Commission.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
CIC/SDMCC/A/2019/109594 Information sought:
The Appellant sought information for the tenure of EE (B-II) Sh. R R Meena in the Zonal office of Central Zone on 04 points is as under:
1. Please provide me copy of policy which is adopted to deal with the public complaints and police reporting. lf not available on record then inform B. The Policy of Corporation adopted to deal with the complaints of police and public which were received in the month of July, 2018.
5. Please inform total number of Non-deviation deviation noticed in the buildings sanctioned under section 336 DMC Act by the concerned officers of Building Department.
6. Please inform the name of the concerned officers whose duty was to find out non-compoundable deviations in the buildings constructed.
7. Please inform mechanism/policy adopted by the Corporations to find out whether after obtaining sanction under section 336 DMC Act construction has been started and provide and provide me 5 consecutive entries in support of adopted mechanism.Page 4 of 26
PIO, vide letter dated 01.01.2019, furnished reply to the Appellant as under:
Dissatisfied with the information furnished, the Appellant filed First Appeal, vide letter dated 05.01.2019.
FAA, vide order dated 01.02.2019, held as under:
Written submissions have been received from the Appellant for perusal before the Commission.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
CIC/SDMCC/A/2019/109596 Information sought:
The Appellant sought information for the tenure of EE (B-II) Sh. R R Meena in the Zonal office of Central Zone on 03 (A, B&C) points is as under:Page 5 of 26
A. Please provide me copy of daily demolition programme of the properties prepared for execution after the date of 15.08.2018 following the office order no. D/845/EE.(B) HQ dated 22.11.2000 or otherwise (In the jurisdiction of Zone).
B. Please inform total no. of complaints received from public and the police are pending with each of the JE (B) on 15.08.2018 and inform total no. of properties involved.
C. Please inform total no. of complaints (police and public) was handed over to the counterpart JE (B) by the preceded JE (B) before relieving charge of the ward.
PIO, vide letter dated 01.01.2019, furnished reply to the Appellant as under:
Dissatisfied with the information furnished, the Appellant filed First Appeal, vide letter dated 05.01.2019.
FAA, vide order dated 01.02.2019, held as under:
Written submissions have been received from the Appellant for perusal before the Commission.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.Page 6 of 26
CIC/SDMCC/A/2019/109597 Information sought:
The Appellant sought information for the tenure of EE (B-II) Sh. R R Meena in the Zonal office of Central Zone on 07 points is as under:
1. Please inform the name of the authorized /concerned officers and its designation who were empowered to collect penalty from the aspirant of regularization of properties under section 337(4) read with section 451 DMC Act in the year of 2018.
2. Inform addresses of properties regularized in 2018.
3. Inform total number of properties regularized in the year of 201g in which intimation letter under section 337(4) were not on record of MCD but it were regularized without recovering penalty under section 331 (4) read with section 461 DMC Act.
4. Inform the name of the concerned officer guilty for non-recovering penalty under section 337(4).
5. Please inform the name of the JE (B)s who did not prepared and subsequently did not forward challah/demand notice to the constructers of the properties regularized in 2018.
6. Inform total No. of cases in which initiation of prosecution is pending against the properties constructed in 2018 and inform the name of the EE(B)/AE(B)/JE(B) having the pending cases.
7. Please inform the address of the properties which were regularized and name of the JE (B) who had conducted inspection at the stage of plinth level but the action did not take against the Architect and the JE (B). (in the year of 2018.
PIO, vide letter dated 01.01.2019, furnished reply to the Appellant as under:
Dissatisfied with the information furnished, the Appellant filed First Appeal, vide letter dated 05.01.2019.
FAA, vide order dated 01.02.2019, held as under:Page 7 of 26
Written submissions have been received from the Appellant for perusal before the Commission.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
CIC/SDMCC/A/2019/109598 Information sought:
The Appellant sought information for the tenure of EE (B-II) Sh. R R Meena in the Zonal office of Central Zone on 05 points is as under:
1. Please inform me the addresses of the properties against which sealing orders were passed but properties did not seal in accordance with the directions passed by the Deputy Commissioner of the Zone.
2. Inform the name of the concerned AE (B) or any other concerned officers having pending compliance of sealing orders.
3. Inform the name of the AE (B) as on 22.10.2018.
4. Please inform rank of the officer and name of such officer whose have power to recover penalty from the violators of section 332, 333,334,343,344 and 349 DMC act as provided Twelfth Schedule read with section 451 DMC Act but he did not make any attempt.
5. Inform the address of the properties which have been counted as demolished in the record to submit higher Authorities but are in existence.
PIO, vide letter dated 01.01.2019, furnished reply to the Appellant as under:
Page 8 of 26Dissatisfied with the information furnished, the Appellant filed First Appeal, vide letter dated 05.01.2019.
FAA, vide order dated 01.02.2019, held as under:
Written submissions have been received from the Appellant for perusal before the Commission.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
CIC/SDMCC/A/2019/109600 Information sought:
The Appellant sought information on 05 points is as under:
1. Please allow me inspection of following record which pertained to construction.
A. Book/computer/diary in which police reports and public complaints of construction are entered.
B. Book/computer/diary in which action taken on the complains is entered. (Reference point no. "A" above).
Page 9 of 26C. Book/computer/diary in which address of the properties is mentioned against which action is pending.
D. Book/computer/diary in which pending complaints/police reports of construction and received from the preceded JE (B) are recorded. E. Book/computer/diary in which action on the complaints/police reports received from the preceded/counterpart JE (B) is recorded. F. Book/computer/diary in which details of properties are recorded against which inspection did not conducted after receiving reports from the police.
2. Please inform the following:
a) Name of the person competent/authorized, officer who will be available in the office during inspection to sign the report after inspection mentioning his name and name of the PIO.
b) Index no. register no., custodian of record and availability and non-
availability of sought information.
3. Please inform the following:
i. Total no. of properties against which action was pending under DMC Act, were received from the incumbent JE (B) from the preceded/counterpart JE(B) prior to his relieve from the office. ii. Name of the incumbent and preceded JE (B) ((reference point no. "i"
above).
4. Inform total no. of complaints (STF reference) which were closed only after booking of properties but after booking no action under DMC Act has been taken.
5. Inform total no. of properties are in existence after taking demolition action.
PIO, vide letter dated 01.01.2019, furnished reply to the Appellant as under:
Dissatisfied with the information furnished, the Appellant filed First Appeal, vide letter dated 05.01.2019.Page 10 of 26
FAA, vide order dated 01.02.2019, held as under:
Written submissions have been received from the Appellant for perusal before the Commission.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
CIC/SDMCC/A/2019/109601 Information sought:
The Appellant sought information for the tenure of EE (B-II) Sh. R R Meena in the Zonal office of Central Zone on 05 points is as under:
1. Please inform total No. of complaints received against the officers of Building Department-II from the vigilance department of SDMC during the tenure of EE (B-Il) and inform out of which.
F. Total no. of cases in which no enquiry/investigation conducted. G. Total no. of cases which are pending for enquiry/investigation exceeding the periods more than 3 months.
H. Inform the date of oldest case (complaint forwarded from vigilance) is pending in the year of 2018 and the name of the officer who is the enquiry/investigation officer.
I. Present working of the officer of the building department against whom allegations attributed of corruption/dereliction of duty.
J. Inform the name of the officer who are under the scanner of enquiry/investigation and still posted in the building department. PIO, vide letter dated 01.01.2019, furnished reply to the Appellant as under:
Page 11 of 26Dissatisfied with the information furnished, the Appellant filed First Appeal, vide letter dated 05.01.2019.
FAA, vide order dated 01.02.2019, held as under:
Written submissions have been received from the Appellant for perusal before the Commission.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
CIC/SDMCC/A/2019/109602 Information sought:
The Appellant sought information for the tenure of EE (B-II) Sh. R R Meena in the Zonal office of Central Zone on 03 (A, B&C) points is as under:Page 12 of 26
Etc. PIO, vide letter dated 01.01.2019, furnished reply to the Appellant as under:
Dissatisfied with the information furnished, the Appellant filed First Appeal, vide letter dated 05.01.2019.
FAA, vide order dated 01.02.2019, held as under:Page 13 of 26
Written submissions have been received from the Appellant for perusal before the Commission.
Grounds for Second Appeals:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
Interim Decision :
The current milieu of the pandemic COVID-19 has necessitated the Commission to take some extraordinary steps in the disposal of said cases to avoid further backlog and delays subverting the very purpose of RTI Act which includes inter alia adjudicating instant cases of the appellant through written submissions.
In doing so, Commission is in receipt of appellant's detailed Common written submission dated 25.04.2021. Upon perusal of the same, it is observed that appellant desires to argue the matter at length. Further, Respondent Authority is unable to access the case files owing to the exigency of current lockdown. In view of the foregoing, Commission directs the PIO to file a written submission before the Commission in response to the instant Second appeals justifying their replies provided in lieu of the averred RTI Applications, within 45 days after the normalization of current situation and reopening of their office. A copy of the said written submission must be provided to the appellant who can file a counter submissions before the Commission, if any, in response to the said written submission of the Respondent, within 30 days from the date of receipt of the said written submission in the instant matter.
The appeal is reserved for final order.Page 14 of 26
ADJUNCT PROCEEDINGS In furtherance of the interim decision dated 06.05.2021 wherein Commission directed the Respondents to file a written submission in all the referred cases and accordingly, Appellant was provided the liberty to file a counter submission, if he desires. Commission is in receipt of written submissions from both the parties and same are produced herein.
Written submission has been received from PIO, O/o Executive Engineer (Building-I), Central Zone, SDMC, vide letter dated 24.06.2021, as under:Page 15 of 26
Written submission has been received from Appellant, for perusal before the Commission and taken on record, as under:Page 16 of 26 Page 17 of 26 Page 18 of 26 Page 19 of 26 Page 20 of 26 Page 21 of 26 Page 22 of 26 Page 23 of 26
Decision:
Commission upon perusal of the case records as well as the written submissions of both the parties remarks that this bench has already disposed of similar matters of Appellant in the past, vide decision no. CIC/SDMCC/A/2018/167 dated 11.03.2021, wherein contentions raised and argued by the Appellant in the instant second appeal has already been dealt at length. Therefore, for the sake of brevity same are not reiterated here again.
In view of the forgoing, Commission issues following directions :
In case no. CIC/SDMCC/A/2019/109594 +
CIC/SDMCC/A/2019/109601
Commission directs the PIO to once again search the relevant information sought in the instant RTI Application and provide it to the appellant, free of cost. In case the relevant information is not available then PIO is directed to file an appropriate affidavit to this effect that the information sought in the instant RTI Application is not available in their office records and same couldn't be traced despite best of his efforts. The affidavit should be sent by the PIO to the Commission with its copy duly Page 24 of 26 endorsed to the Appellant, The aforementioned direction of the Commission must be complied within 30 days from the date of receipt of this order and send a compliance report of the same to the Commission. However, PIO shall not disclose any third party information or any other information which is exempted from disclosure under RTI Act, 2005.
In case no. CIC/SDMCC/A/2019/109597
+CIC/SDMCC/A/2019/109598 + CIC/SDMCC/A/2019/109600 +
CIC/SDMCC/A/2019/109596
Commission based on the averment of the Appellant raised in his written submission, directs the PIO to provide an opportunity to the Appellant to inspect available and relevant information as sought in the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of the prescribed fees as per RTI Rules, 2012. Commission's directions should be complied within 30 days from the date of receipt of this order and compliance report to this effect be duly sent to the Commission by the PIO. However, PIO shall not disclose any third party information or any other information which is exempted from disclosure under RTI Act, 2005.
In case no. CIC/SDMCC/A/2019/109593 +CIC/SDMCC/A/2019/109602 Commission upholds the reply of the PIO, no further action is warranted.
Notwithstanding the specific directions laid down by the Commission in the above referred appeals, no scope of further intervention is warranted with regards to the reply provided by the PIO in the instant matter. Also, Commission once again advises the Appellant to make judicious use of the cherished statute of RTI Act in future.Page 25 of 26
All the referred appeals are disposed of accordingly.
Heeralal Samariya (हीरालालसाम रया)
Information Commissioner(सच
ू नाआयु )
Authenticated true copy
(अ भ मा णतस या पत त)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)
011-26180514
Page 26 of 26