Central Information Commission
Sachin Garg vs Delhi Pollution Control Committee on 25 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/DPCCM/A/2024/110336
Sachin Garg .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Delhi Pollution Control
Committee, 5th Floor, ISBT
Building, Kashmere Gate,
Delhi - 110006 .... ितवादीगण /Respondent
Date of Hearing : 23.09.2025
Date of Decision : 25.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 26.12.2023
CPIO replied on : 06.02.2024 and 21.05.2024
First appeal filed on : 12.02.2024
First Appellate Authority's order : 26.04.2024
2nd Appeal/Complaint dated : 28.03.2024
Information sought:
1. The Appellant filed an RTI application dated 26.12.2023 (offline) seeking the following information:
"Application on behalf of applicant for seeking information under section 6(1)/7(1)/7(5) etc of Right to information Act, 2005 (as amended up to date) regarding factory- M/S. MAX POLYMERS, (GST NO-Page 1 of 7
06AMCPC1800A1Z8) at property bearing no-G-210,G-211, DSIIDC, SECTOR-5, Bawana industrial Area, Delhi-110039, I Sachin garg s/o- R.K Garg, r/o-2688/199 floor, onkar nagar-A, tri nagar, Delhi-110035, I want some information to use my fundamental right, regarding manufacturing/storing/selling/buying the single use plastic items like The items banned by the government are as follows-
Ear Buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene (Thermocol) for decoration, Plates, cups, Glasses, Cutlery such as forks, spoons, Knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigreette packets, plastic bags, plastic or PVC banners less than 100 microns, stirres.
(1) Whether the factory license has been issued by concerned department to manufacturing 'single use plastic items' to the M/S. MAX POLYMERS, or not, please give the information in writing in yes or no.
(2) In what name(owner/proprietor/director) the factory license has been issued to the M/S. MAX POLYMERS, information should be given in writing.
(3) The factory license taken to the concerned M/S. MAX POLYMERS, has been renewed till date, please answer in writing yes or no please.
(4) Please informed the date on which the application was made for obtaining the factory license on the concerned property/M/S. MAX POLYMERS, (5) On which floor of the concerned property, the factory license has been issued, that complete information should be given in writing?
(6) Does the work for which the factory license has been done to the M/S. MAX POLYMERS, fall under the category of work in this area?
(7) Kindly inform whether the work is being done in the factory license issued on the concerned unit/factory.
(8) Please be informed to given the full name and mobile number of the license inspector who is deputed to inspect the concerned factory/property/area/ward..
Page 2 of 7(9) Are the arrangements made for fire safety at the concerned factory/property sufficient by the Fire department/concern department? Please answer in writing.
(10) If any untoward incident like arson happens in the concerned factory/property, then which officers or departments will be responsible for it. Please inform in writing.
(11) Please provide the full name, designation and mobile number of fire officer, who deputed to inspect the concern factory/property/area/ward.
(12) Kindly inform about the safety arrangements made for the laborers working in the concerned factory (M/S. MAX POLYMERS), (13) Whether the arrangement of food and drinking water of the employees working in the concerned property/factory is properly scaled by MCD/concerned department or not, please reply in writing.
(14) Please provide the full name, designation and mobile number of food officer, who deputed the concern factory/area/ward/property.
(15) Information about how many laborers working in the concerned factory are registered with the labor court or not, should be given in writing.
(16) The number of laborers working in the above said property/factory in concerned department's record should be mentioned in writing.
(17) How many laborers working in the concerned factory have been registered for EWS, please inform in writing.
(18) If there has been any labor accident in the concerned factory in the past, please inform about it.
(19) Please provide the full name, designation and mobile number of laborer inspector, who deputed the concern factory/area/ward/property.
(20) If this properties is only a part of a larger property, Is it registered with MCD/DSIIDC/DDA/REGISTRAR OFFICE/GOVT ...OF NCT of Delhi office/department, if it is registered, please provide the full name. in whose name is it registered?
Page 3 of 7(21) Whether LPG, oxygen gas and welding gases welding roads is allowed to be used in the concerned factory or not, please inform in writing (22) Please provide the full name, designation and mobile number of pollution control officer, who deputed the concern factory/area/ward/property.
(23) In the last four years, for which offenses the concerned factory/property has been fined, Please inform in written.
(24) Please be informed that permission can be given to manufacture single use plastic items in Delhi, Sonipat(Haryana), Punjab or India.
(25) In the last four years, how many challaned/fined and how much amount have been challaned/fine in the contexts of pollution department, Food department, fire department, sanitization department, health department, Delhi Jal board, and Labour department in the concerned factory/property, please be inform in written.."
2. The CPIO furnished a point-wise reply to the Appellant on 06.02.2024 stating as under:
"Question No. 1-6 & 11, 12, 13: Matter under process. Question No. 7: Question not clear.
Question No. 8, 14: Matter does not pertain to DPCC. Question No. 9, 10: For details please refer DPCC website https://www.dpcc.delhigovt.nic.in/ and CPCB website https://cpcb.nic.in/ w.r.t. banned SUP items. Question No. 11 & 15: No such information in compiled from available with this cell."
3. Being dissatisfied, the Appellant filed a First Appeal dated 12.02.2024. The FAA vide its order dated 26.04.2024 had directed the PIO to provide complete information to the Appellant.
Page 4 of 74. In compliance with FAA's directions, the PIO vide its letter dated 21.05.2024 had provided revised reply, which states as under:
"M/s Simran Polymars G-210-211 (Basement) Sector-5 DSIIDC, Bawana Indi.Area Delhi-39.
Date of Inspection: 02.01.2024.
Unit engaged in the activity of Mfg. of Stretch film and plastic packaging material less than 50 microns. Unit has valld Consent and registration under PWM Rules. Further action under process.
2. M/s Paras Polymers G-210-211 (Ground and first floor) Sector-S DSIIDC, Bawana Indl. Area Delhi-39 Date of Inspection: 02.01.2024 Unit engaged in the activity of Air Bubble sheet more than 50 microns and plastic processed goods through Injection molding. Unit has valid Consent and registration under PWM Rules, Further action under process.
3. M/s Bharat polymers, G-280, Sector-2, Bawana Industrial Area, Delhi- 110039.
Date of Inspection; 16.09.2022 Unit engaged in the activity of mfg. of stretch films less than 50 microns. Show Cause notice for closure and Show Cause notice for imposing EC of Rs 3,15,000/- already Issued to the unit. Further action is under process."
5. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Shri M S Rawat, SEE & CPIO, Shri Vaibhav Kumar, AEE & PIO and Shri Raghuvenedra, JEE & PIO present in person.Page 5 of 7
6. Proof of having served a copy of Second Appeal on Respondent while filing the same in CIC on 28.03.2024 is not available on record. Respondent confirms non-service.
7. Written submissions of the Respondent are taken on record.
8. The Respondent while defending their case inter alia submitted that vide their letters dated 06.02.2024 and 21.05.2024, complete point-wise reply/information, as per the documents available has been provided to the Appellant.
9. Upon being queried by the Commission regarding point Nos. 16 to 25 of the RTI application, the Respondent submitted that they are not the custodian of records w.r.t information sought on said points. Such information pertains to different Public Authorities.
Decision:
10. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, observes that the Appellant in his Second Appeal is aggrieved that complete and correct information has not been provided to him by the Respondent.
11. The Commission observes that there is nothing on record which shows that any reply was given to the Appellant on point Nos. 16 to 25 of the RTI application.
12. The Commission is of the view that the PIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant or to collect information as available from anywhere under the sky.
13. In light of the above observations, the Respondent is directed to confirm the response as submitted orally during the hearing on point Nos. 16 to 25 of the RTI application by providing a suitable response to the Appellant on these points, within a period of four weeks from the date of receipt of this order.
14. The FAA is directed to ensure compliance of this order.
Page 6 of 715. With respect to other points of the RTI application, the Commission finds no infirmity in the reply and as a sequel to it further clarifications tendered by the PIO during hearing as the same was found to be in consonance with the provisions of RTI Act.
The appeal 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:
The FAA, Delhi Pollution Control Committee, 5th Floor, ISBT Building, Kashmere Gate, Delhi - 110006 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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