Central Information Commission
Kapil Patil vs Mcd on 9 December, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MCDND/C/2024/626828
Kapil Patil ....िशकायतकता /Complainant
VERSUS
बनाम
PIO,
Executive Engineer-(Bldg.-I)/West
Zone, Municipal Corporation of Delhi,
West Zone, Dr. Saheb Singh Verma
Nigam Bhawan, Vishal Enclave, Rajouri
Garden, New Delhi-110027. .... ितवादीगण /Respondent
Date of Hearing : 08.12.2025
Date of Decision : 08.12.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 22.05.2024
CPIO replied on : Not on record
First appeal filed on : Not on record
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 23.06.2024
Information sought:
1. The Complainant filed an (online) RTI application dated 22.05.2024 seeking the following information:
"Details of Information required: (a) Does MCD have approved any Sanctioned Building Plan (SBP) for present ongoing construction at the CIC/MCDND/C/2024/626828 Page 1 of 9 Property No: J-3/13, Rajouri Garden, New Delhi-27. If yes, then kindly provide the certified copy of Sanctioned Building Plan. (
b) What is the actual FAR achieved in the ongoing construction at Property No: J-3/13, Rajouri Garden, New Delhi-27 at GF, FF, SF and third floor? Kindly conduct fresh inspection of property site through JE(B) concerned and specify in yds or mtrs.
(c) What is the actual building height built/achieved in the ongoing construction at the residential Property No: J-3/13, Rajouri Garden, New Delhi-27 against the Max. permissible height of 17.5m? Kindly conduct fresh inspection of property site through JE(B) concerned and specify the height in mtrs.
(d) Does front setback of 10 feet is achieved /left in the ongoing construction at the residential Property No: J-3/13, Rajouri Garden, New Delhi-27 as per building bye-laws and Sanctioned building plan? If yes, Kindly conduct fresh inspection of property site and specify the actual front setback in feet/mtrs.
(e) Does the ongoing construction at the residential Property No: J-3/13, Rajouri Garden, New Delhi-27 have any excess coverage/deviations against Sanctioned Building Plan at stilt, ground, first, second and third floor? Kindly specify the actual FAR achieved at GF, FF, SF and third floor against the permissible FAR.
(f) what is the actual ground coverage done/achieved in the present ongoing construction at Property No: J-3/13, Rajouri Garden, New Delhi-
27 against the max permissible ground coverage of 75% in this plot? Kindly conduct fresh inspection of property site and specify the actual ground coverage in % of plot area.
(g) Does the owner/builder/occupier of Property No: J-3/13, Rajouri Garden, New Delhi-27 has built any room at the roof of third floor? If yes, then kindly provide the actual FAR achieved at the 3rd floor roof.
(h) What is actual ceiling height achieved at stilt floor in aforesaid property? Kindly conduct fresh inspection of property site and specify the actual height in mtrs.
CIC/MCDND/C/2024/626828 Page 2 of 9(i) What is the actual width of front balconies achieved at GF, FF, SF and third floor in aforesaid property? Kindly conduct fresh inspection of property site and specify the actual balcony size.
(j) What is the actual size of canopy achieved? Kindly conduct fresh inspection of property site and specify the actual canopy size in feet/mtrs.
(k) Does the owner/builder/occupier of Property No: J-3/13. Rajouri Garden, New Delhi-27 has extended any balcony/GI balcony in rear service lane? If yes, Kindly conduct fresh inspection of property site and specify the actual rear balcony size in feet/mtrs.
(l) Does the aforesaid Property No: J-3/13, Rajouri Garden, New Delhi-27 have any deviations from Sanctioned Building plan as per laws laid down in the MPD 2021, UBBL-2016 and the DMC Act, 1957? Kindly conduct fresh inspection of property site through JE concerned and specify the deviations in yds/mtrs.
(m)What is the action taken by area MCD JE(B) Rajvir and AE(B) Surender Singh Dabas on my written complaint regarding unauthorized construction at Plot no: J-3/13, Rajouri Garden, New Delhi-27 submitted vide dy. no: 83 dated:27.02.24 to the EE(B-I), West Zone, MCD, Delhi? Kindly share the action taken report.
(n) Kindly share the date and time of visit by JE(B) for conducting the inspection of aforesaid property site for gathering the sought information."
2. Having not received any response from PIO, the Complainant failed to file a First Appeal.
3. Feeling aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.
4. A written submission dated 24.11.2025 (copy marked to the Appellant) has been filed by EE (Bldg.)-I/PIO, MCD, WZ, Delhi, which is taken on record. Contents of the same are reproduced below for ready reference:
"In this regard, it is stated that an application under RTI Act, 2005 was filed by Sh. Kapil on 22.05.2024 to PIO/MCD (West Zone) through online. The said RTI application was registered vide I. D. No. 263 dated CIC/MCDND/C/2024/626828 Page 3 of 9 29.05.2024 in the office of E.E. (B)-I/WZ. The PIO/Bldg.-I/West Zone was provided the information to the applicant vide No. D-314/RTI/EE(B)- I/WZ/2024 dated 25.06.2024 (copy enclosed).
Encl.:
Reply to ID NO. 263. dated 29.05.2024 Please refer to the application dated 22.05.2024 filed under RTI Act Shri Kapil having office address 124, ITL, Northex Towers, NSP, Delhi, 10034. In this regard, the point wise reply to RTI application pertaining to this office is as under:-
a) The building plan of property No. J-3/13, Rajouri Garden, Delhi has been sanctioned vide file No. 10074644 dated 25.06.2020. The copy of the same is not provided being third party information.
b) The requisite information is not available in this office at present. It may be noted that that the term "information" under RTI act stands For:
'Information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks. contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
Since, no inspection has been carried out, the requisite Information could not be provided. Moreover, the information sought is not in the larger public interest.
(c) to (l). As 2 above.
m) The complaint was marked to field staff. However, no action taken.
report is submitted by the field staff.
n) Inspection is a routine process and this office is not being compelled for inspection in the presence of the complainant.
Relevant Facts emerged during Hearing:
The following were present:-CIC/MCDND/C/2024/626828 Page 4 of 9
Complainant: Not present.
Respondent: Shri R D Chaudhary, AE (Bldg.)/APIO present in person.
5. Proof of having served a copy of Complaint on respondent while filing the same in CIC is not available on record. The Respondent confirmed non- service.
6. It is noted that the instant Complaint has been filed by the Complainant immediately after expiry of 30 days and no First Appeal has been preferred by him.
7. Respondent while inviting attention of the Commission towards the contents of their written submission stated that a point-wise reply has already been provided to the Complainant vide letter dated 29.05.2024. Decision
8. The Commission, after adverting to the facts and circumstances of the case, and perusal of the records, observes that reply furnished by the PIO on all points of RTI application (except point m) is vague, misleading and is not in the spirit of the RTI Act. A bare perusal of contents of reply reveals that all other queries of the Complainant are not addressed properly in that reply.
9. The Respondents are expected to have applied their minds while providing categorical information on each point, which may serve the purpose of filing the RTI Application. Further, the PIO should either have transferred the RTI Application to the concerned authority by invoking Section 6(3) of the RTI Act or provided access to information by procuring the same from the concerned PIO under Section 5(4) of the RTI Act. Neither was done in this case.
10. In addition, it is also noteworthy that the Commission previously dealt with cases where copies of building plans were sought by the applicants and after the incident happened in Old Rajendra Nagar, New Delhi, a circular was issued by Additional Commissioner (Engg.), MCD, dated 29.07.2024, in which several directions were issued in public interest wherein, building plans are to be disclosed in public domain so that violations can be detected. The relevant extract of the circular dated 29.07.2024 is reproduced herein:
CIC/MCDND/C/2024/626828 Page 5 of 9"SUB:- Urgent measures to prevent misuse of basement and other related matters.
As you are well aware a tragic incident occurred in the basement of a coaching institute for IAS aspirants located at Old Rajender Nagar on Saturday, the 27th of July 2024 which resulted into loss of life of three students due to flashflood caused because of choked sewer line / storm water drainage system. Needless to say that it is the primary responsibility of MCD to provide a safe and liveable city to the Public and all out efforts who prevent such unfortunate incidents cannot / will not be allowed to reoccur.
In this regard, a delegation of students met the Commissioner on Sunday, the 28th of July 2024 and expressed their concerns on this issue. It was explained to them by the Commissioner that MCD will take all necessary steps urgently so as to prevent such a mishap in future. The following directions are accordingly conveyed for immediate action and compliance;-
The building having basement be got surveyed and immediate action including sealing be taken against those who are found misusing the same. There should be separate entry and exit gates for basement. All building plans shall be made available in public domain, so that the violators can be detected. All encroachments above drains / footpaths shall be removed. The storm water drains shall be fully desilted and choking at any point shall be got cleared with the help of super-sucker machines. In case fresh drain is required at any place, immediate proposal for the same be put up. The portable pumps along with operators shall be kept ready for dewatering of vulnerable points of water logging (which have already been identified). The open hanging wires / cables shall be got surveyed and immediate necessary action be taken in close coordination with NDPL/BSES. The private concessionaire shall be sensitized to ensure quick removal of the garbage as there is putrefaction of the same during rainy season resulting into foul smell.
In some of the zones, there are old barrels catering to combined drainage i.e. sewer and storm water. These barrels should be got surveyed to avoid any untoward incident on account of settlement.
The urinal/toilets which are in poor condition shall be immediately improved. The above directions be scrupulously adhered to and strict disciplinary action will be taken against the delinquent officials."CIC/MCDND/C/2024/626828 Page 6 of 9
11. Subsequently, a new circular was issued by the Additional Commissioner (Engg.) bearing No. Addl. Comm. (Engg.)MCD/2025D-298 dated 04.08.2025. Relevant extracts of which are reproduced below:-
" In compliance of directions of the Hon'ble High Court of Delhi in WPO No. 6140/2025 CM APPL. 27953/2025, CM APPL. 27953/2025 & CM APPL. 27954/2025 titled 'Mehnaz Parveen Versus MCD & Ors.', meetings were held at senior level of MCD and Police authorities. The Minutes of the meeting have been issued vide No.CE/B/HQ/ MCD/2025/D-24 dated 22/07/2025 (Copy enclosed). The operative part of the said minutes of meeting is reproduced as under:-
"In order to ensure effective demolition, the MCD has issued directions vide Circular Office Order No. CE(B)HQ/2024/D-60 dated 30.08.20224 to completely raze/remove unauthorised construction. Sealing is only a temporary measure. It should be quickly followed by effective demolition action and the instructions have been issued by MCD with regard to sealing too vide Office Order No. CE (B)HQ/2024/D-67 dated 20.09.2024.
It was decided in the meeting that time and date stamped photographs of booking/sealing/demolition will be kept in record for reference and wherever seals are tampered with FIR shall be lodged.MCD should also effect recovery of charges for demolition under Section 153, 154, 455 to be read with 343(6) of the DMC Act, 1957 read with Order No.D/1418/ COM/MCD/2023 dated 29.12.2023...."
2. Besides the above, directions issued by the Addl. Commissioner (Engg.) vide circular No. Addl. Cm. (Engg.)/B(HQ)/2025/236 dated 04.06.2025 regarding e- office in respect of Unauthorised Construction related files (Copy enclosed), the operative part of the same is reproduced as under:-
"(i) All Zonal Executive Engineers (Building) are directed that henceforth booking of demolition, sealing, prosecution, disconnection of electricity various aspect of action against unauthorised construction namely /water, letter to sub-registrar for not registering the property, letter to SHO for stoppage of work, etc. be maintained in e-office application (e-file system) of NIC rather than physical files.
(ii) Further, details of booking/sealing/demolition be also lodged in the Data Base of booked properties, that has been put in public domain. "
All concerned are directed to follow the above strictly and non-compliance of the above directions will be liable for action.
CIC/MCDND/C/2024/626828 Page 7 of 912. Despite this, the PIO, the then and the present ones opted to give vague replies on each points and preferred deliberately for not writing their names and contact details while signing the reply, which is in complete violation of the instruction of DoPT Office Memorandum dated 06.10.2015, bearing Ref. No. 10/1/2013-IR. Such casual conduct of the PIOs causes unwarranted obstruction to the Complainant's right to information and is in violation of the provisions of the RTI Act.
13. Upon perusal of the facts on record as well as based on the proceedings during the hearing, the Commission observes that the instant matter is a complaint filed under Section 18 of the RTI Act. Hence, the only adjudication required to be made by the Commission is to determine if the information has been denied with a mala fide intention or unreasonable cause to the information seeker as per the judgment of the Apex Court in CIC Vs. State of Manipur (CIVIL APPEAL Nos.10787-10788 OF 2011).
14. However, this being a complaint case, information sought cannot be provided. The Respondent has not provided adequate reply to the Complainant, and because he knew he was giving a bad and evasive reply he deliberately chose not to write his name. Hence, prima facie mala fide appears to be attributable to the Respondents. The Commission finds that this case is fit for interference.
15. Accordingly, the Commission show causes the then PIO (at the relevant time) and the present PIO, Shri N K Grover, EE (Building), MCD, West Zone, New Delhi as to why penalty under Section 20 (1) of the RTI Act should not be imposed on them for the foregoing reasons. Written explanations of the PIOs must reach the Commission through post and via uploading on http://dsscic.nic.in/online-link-paper compliance/add within four weeks from the date of receipt of this order.
16. Shri R D Chaudhary, AE (Bldg.)/APIO is directed to serve a copy of this order to the concerned then PIO for timely compliance of this order and a proof of service be uploaded on the CIC's portal.
17. The First Appellant Authority to ensure compliance of the direction.
CIC/MCDND/C/2024/626828 Page 8 of 918. Meanwhile, the Respondent is advised to provide a point-wise reply along with relevant information to the Complainant in a timely manner.
The Complaint is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
FAA under RTI, Superintending Engineer-West Zone, Municipal Corporation of Delhi, West Zone, Dr. Saheb Singh Verma Nigam Bhawan, Vishal Enclave, Rajouri Garden, New Delhi-110027 CIC/MCDND/C/2024/626828 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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