Central Information Commission
Mr.Anil Datt Sharma vs Delhi Police on 6 May, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/001295
Dated: 06.05.2013
Name of Appellant : Shri Anil Datt Sharma
Name of Respondent : Delhi Police, North East District
Date of Hearing : 07.02.2013
ORDER
Shri Anil Datt Sharma, hereinafter called the appellant, has filed the present appeal dated 10.11.2011 before the Commission against the respondent Delhi Police, North East District for not providing complete and correct information in response to his RTI-application dated 20.9.2011. The appellant was absent whereas the respondent were represented by Shri M.L. Sharma, ACP/NE, Shri Surinder Singh, SI and Shri Anil Kumar, Constable/RTI.
2. The appellant through his RTI application dated 20.9.2011 sought information regarding action taken by the Police on alleged unauthorized construction at forty places within the jurisdiction of various police stations of North East District. The CPIO vide letter No. 5321/RTI Cell/NED dated 19.10.2011 forwarded the reply received from SHOs/Seelampur, Jafrabad, New Usmanpur, Bhajanpura, Welcome, Gokulpuri and Jyoti Nagar of North East District. In the reply it is stated that though sincere efforts were made to trace out the addresses, the properties could not be traced/identified due to incorrect/wrong addresses provided. It has also been explained in the reply that 2 Case No. CIC/SS/A/2012/001295 when any construction is carried out, the concerned Civil Agency is being informed. Moreover, primarily it is the duty of the Civic Agencies to keep vigil.
3. Aggrieved with the reply of the CPIO, the appellant filed first appeal on 28.10.2011 before the FAA. The FAA while agreeing with the reply, vide his order No. 555-56/Appeal/ RTI/ North-East District dated 22.11.2011 directed the CPIO to ask for a fresh report on the properties mentioned in the RTI application from SHOs/NED concerned and provide information to the appellant within 20 days. This was complied with by the CPIO vide letter dated 12.12.2011, has again mentioned about incorrect addresses besides explaining that information about all type of constructions are being sent to the MCD according to Section 475 of the DMC Act and it is the duty of the MCD/Civil Agency to check the construction site as to whether the construction is as per sanctioned plan or otherwise.
4. In his second appeal filed before the Commission, the appellant submits that CPIO, Delhi Police, NED has not provided correct and complete reply. As per Section 466A of DMC Act unauthorized constructions is a cognizable offence and the Cr. PC shall apply for the purpose of investigation. The appellant contends that as per Section 475 of DMC Act "It shall be the duty of all police officers to give immediate information to Commissioner of the Commission of, or the attempt to commit any offence against this Act or any rule, regulation or bye- law made thereunder and to assist all Municipal Officers and other Municipal employees in the exercise of their lawful authority."
5. The respondent, on the other hand submit that requisite information has been provided by them to the appellant. Moreover, Section 466-A(2) of DMC Act- 1957, is clear i.e. arrest of a person except on the complaint or upon information received from such officers of the Corporation not being below the rank of Dy. Commissioner as may be appointed by the administrator and as per Section 475 DMC Act-157Duties of Police Officers, the information about construction either started or still in initial stage is being sent to the concerned at the earliest and the 3 Case No. CIC/SS/A/2012/001295 compliance of the Section 475 DMC Act 1957 is being done accordingly in the District.
6. The RTI Act cannot be used to direct the Public Authority to act or not to act in a particular way, only information as defined under the RTI Act can be provided. No action is called for on the part of the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar Address of the parties:
Shri Anil Datt Sharma, D-129, New Seelampur, Delhi-110053.
The Addl. DCP & CPIO, Delhi Police, North East District, Seelampur, Delhi-110053.
The Dy. Commissioner of Police & FAA, Delhi Police, North East District, Seelampur, Delhi-110053.