Central Information Commission
Mr.Anil Datt Sharma vs Mcd, Gnct Delhi on 9 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002396/16223
Appeal No. CIC/SG/A/2011/002396
Relevant Facts emerging from the Appeal:
Appellant : Mr Anil Datt Sharma,
D-129, New Seelampur,
Delhi - 110053.
Ph - 9871622255.
Respondent : Public Information Officer
Shahadra North (building-II),
Municipal Corporation of Delhi,
Zonal Building, Keshav Chowk,
Shahadra, Delhi.
RTI application filed on : 23/02/2011
PIO replied : 08/04/2011
First appeal filed on : 22/05/2011
First Appellate Authority order : Not Given
Second Appeal received on : 01/09/2011
Information sought: - Construction is being carried out at 1/9754 or 1/9752 West Gorakh Park, Delhi. Please provide me the information in connection of the said plots or any other plot under construction near by this plot.
1. Provide me report which you have receive any request from above mentioned plots owners for sanctioning the land plan for construction. If yes when.
2. Provide me the time limits you have provided for construction of this plot. Provide me the exact last date of completion of buildings and exact no. of plot.
3. If any Map sanctioned for construction of above mentioned plot then provide me copy of notice under section 6.1 as per the Delhi Master Plan 2021. If notice has not been received from the constructer then provide me action taking report under section 337(4) of DMC act.
4. If action has not been taken under section 337(4) then provide me the name whose duties were to take action but failed to do so.
5. If you found any irregularity in construction provide me action taking report against constructer and provide me particular sections under which normally you have to initiate action against the delinquent constructers.
6. Please provide me name of the person, is empowered to take action against the plots constructers and what action is due against him for not taking action.
7. Provide me monthly certificate issued by J.E. under his signature to the effect that there is no unauthorized ongoing construction and/or encroachment on public/government land. (Reference High court Judgment) (Kalyan Sansthan Social Welfare Organization V/s Union of India and Ors)
8. If not issued, please provide me under which law/judgment the said certificate was not issued.
9. Provide me action taking report against the JE and AE for not compliance the order of the Hon'ble High Court.
Page 1 of 410. In the context of said High Court judgment, please give details regarding unauthorized ongoing construction at above mentioned plot.
11. If not, what action is due against JE and AE for dereliction of duty?
12. Provide me the date and other details about the copies of this certificate issued by JE and action taken plan has been furnished to the concerned Dy. Commissioner with a copy to the Head Quarters who would maintain records of such certificates.
13. Unauthorized construction is a cognizable offence under section 466 A of MCD act. Provide me the detail which you have sent to the local police for taking action.
14. If 466A of MCD act not attracted against the said plot constructer provide me such law there under you have delegated power for giving relaxation to above mentioned plot owner.
15. Provide me the name of JE Architect (with address and phone no.) and AE and provide me exact no. of the plot.
16. Provide me, under which norms you have permitted relaxation to the constructer for not compliance of Clause 7.3.2 of Building bye laws. If relaxation has not been provided then give me proof in compliance of the said clause.
17. If any map sanctioned for construction of building, please provide me, is it for apartment, residential or commercial purpose.
18. If this building is old and occupied then provide me the no. of this building out of 775 heritage sites of Delhi.
19. Provide me information about ID reference No. mentioned on this RTI application above.
20. Provide me copy of such notice, required for construction of building after sanctioned building plan and before completion certificate.
PIO response:- Property No.1/9754, West Gorakh Park, Shahdara, Delhi:-
1. Sanction plan of property no. 1/9754 has been approved by Building Department-II, Shahdara (North) Zone, MCD, file No.99/B/SH-N/2010.
2. 05 years from sanction date of plan.
3. No Survey has been made.
4. Answer as per Sr.No.1 above.
5. Answer as per Sr.No.1 above.
6. Do not relates to this department.
7. Due to overloading of staff there certificates are not in effect.
8. Answer as per Sr.No.7 above.
9. Not applicable.
10. Answer as per Sr.No.3 above.
11. Do not relates to Building Department, Shahdara (North) Zone.
12. Answer as per Sr. No.8 above.
13. Answer as per Sr. No.3 above.
14. Answer as per Sr. No. 3 above.
15. JE Sh.G.P. Jaiswal, (Bldg.)-II, AE Sh.V.K.Tyagi (Bldg.)-II, Shahdara North Zone Architect-
Answer as per Sr.No.1 above.
16. There is no such type of law.
17. Residential.
18. Answer as per Sr. No.1 above.
19. I.D. No.2360.
20. Answer as per Sr.No.1 above.
Page 2 of 4Property No.1/9752 (Back side), Gorakh Park, Shahdara, Delhi.
1. There is no any kind of information or any record about the property No.1/9752, West Gorakh Park, Shahadra, Delhi in building department, MCD So, it is not Possible to answer your question.
2. Answer as per Sr. No.1 above.
3. Answer as per Sr. No.1 above.
4. Answer as per Sr. No.1 above.
5. Answer as per Sr. No.1 above.
6. Answer as per Sr. No.1 above.
7. Due to overloading of staff there certificates are not in effect.
8. Answer as per Sr. No.7 above.
9. Answer as per Sr. No.7 above.
10. Answer as per Sr. No.1 above.
11. Answer as per Sr. No.1 above.
12. Answer as per Sr. No.7 above.
13. Answer as per Sr. No.1 above.
14. Answer as per Sr. No.1 above.
15. JE Sh.G.P. Jaiswal, (Bldg.)-II, AE Sh.V.K.Tyagi (Bldg.)-II, Shahdara North Zone, Architect- Answer as per Sr.No.1 above.
16. Answer as per Sr. No. 1 above.
17. Answer as per Sr. No.1 above.
18. Answer as per Sr. No.1 above.
19. I.D. No.2360.
20. Answer as per Sr.No.1 above.
Grounds for the First Appeal:
Unsatisfactory information was given by the PIO.
Order of the First Appellate Authority (FAA):
No order had passed by First Appellate Authority.
Grounds for the Second Appeal:
Unsatisfactory reply received by the Appellant and no order had passed by FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Anil Dutt Sharma;
Respondent : Mr. Ravi Kant Gupta, Asstt. Engineer on behalf of Mr. V.K. Bhatia, Public Information Officer & SE-II;
The appellant and the respondent want to do a joint inspection of the property on 14 December 2011 at 10.30AM. They will meet at the zonal office and make joint inspection report and take photographs signed by both the parties.Page 3 of 4
Decision:
The Appeal is allowed.
The PIO is directed to conduct a joint inspection on 14 December 2011 at 10.30AM as directed above. They will prepare a joint inspection report signed by both the parties and a copy of the report will be kept by each.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 09 December 2011 (In any correspondence on this decision, mention the complete decision number.) (SU) Page 4 of 4