Central Information Commission
Mr. Sanjay Agrawal vs Municipal Corporation Of Delhi on 15 January, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003046/6408
Appeal No. CIC/SG/A/2009/003046
Appellant : Mr. Sanjay Agrawal
341/2A, Shalimar Park,
Shahdara,
Delhi-110032
Respondent : Mr. Arun Kumar
Public Information Officer & Superintending Engineer- I Municipal Corporation of Delhi Shahdara North Zone, Zonal Office Building, Keshav Chowk, G.T Road, G. T. Road, Delhi-110032 RTI application filed on : 22/09/2009 PIO replied : 16/11/2009 First Appeal filed on : 20/10/2009 First Appellate Authority order : Not mentioned.
Second Appeal Received on : 04/11/2009 Notice of Hearing Sent on : 14/12/2009 Hearing Held on : 15/01/2010 Sl.No Information Sought Reply of PIO
1. Name of official who was guilty of collapsePlaster/ decoration work was being done on of building (1/2284 Shri Ganesh Furniture, said site what was legal. Mentioned work is Mandauli Road, Ramnagar Shahdara, not illegal. Name of guilty official was not Delhi-32) on 01/09/2009. available in the record of Building department.
2. Name of official under which supervision As mentioned Sl. No.1.
above mentioned building was being constructed. What was the role of Arun Kumar J.E (Building) and M.E in this illegal construction?
3. Name of official guilty of death of two As mentioned Sl. No.1.
people and what compensation would be provided by the MCD.
4. Inspection date of said building done by J.E(Building) did not inspect it because there J.E(Building) & what faults he found. was not being done illegal construction. Only Plaster/ decoration work was being done on said site. The was no complaint against said site.
5. Appointment date of said J.E(Building) in Appointment date of J.E was done Page no. 1 of 3 this zone. What had duty been finished 09/07/2009. He done his govt. duty in eight during eight hour? hours.
6. Inspection date on which J.E(Building) did J.E(Building) does inspection on regular. And in his area and number of illegal Shri. Phoolchand is J.E at present said zone. construction being done at present.
7. What was action being taken by the MCD As Sl. No.1.
against guilty of this event?
8. Number of truks, JBC machines, tractors & Sought information is concerned with Works staffs used in removing breakages of the department. building. From where would expenses be given?
9. Whether this was disobey of order of the As Sl. No.1.
High Court of Delhi for illegal construction illegal. If yes, then who was guilty of this & what and by which date would action be taken?
10. Name of official(s) from Building Stopping illegal construction and demolishing Department who was/were responsible for are duty of officials working in Building illegal construction in the zone. Whether Deptt. the collapsed building on Mandauli Road was illegal construction.
11. Name of JE, Building Department deployed At present there is J.E, Shr Phoolchand and in this Zone and reason for not taking A.E Shri Sanjiv Kumar. Answer for remained action against illegal construction. part is as mentioned in Sl. No.1.
12. Number of illegal constructions being done Action will be taken against illegal in Shahadara North Zone and reasons of construction as per MCD Act, if such found at being continue. present.
13. Whether Building Department, MCD, Building Department, MCD takes action Shahadra North Zone has released from against illegal construction under MCD, Act. responsibility of taking action against illegal construction.
14. Whether J.E (Building) was involved in Such information not available in the record bribe. of Building Deptt.
15. Whether J.E (Building) was not responsible As Sl.No. 14.
for murder of people.
16. Whether the responsibility of MCD was As Sl.No. 14.
completed after making landlord guilty.
17. What were considerations for taking action Taking action against the officials had been against the guilty officials? Inform about given to Vigilance deptt. what action and name of officials to whom action would be taken.
18. Whether the file regarding this event has Said file had not been closed.
been closed.
19. Whether action was continued in this Actions were continued by both deptt.
direction if yes, then whether this is police action or action of MCD.
Grounds for First Appeal:
Information not provided within stipulated time.
Page no. 2 of 3 Order of the First Appellate Authority:
Not enclosed.
Grounds for Second Appeal:
False information provided. First appeal not heard.
Relevant Facts emerging during Hearing: The following were present:
Appellant: Mr. Sanjay Agrawal;
Respondent: Mr. Arun Kumar, PIO & SE-I;
The First Appellate Authority (FAA) Mr. Azimul Haqe is guilty of dereliction of duty. The first appeal had been filed on 20/10/2009 and the PIO informs the Commission that the FAA held a hearing on 13/01/2010.
The Appellant has not been able to properly ask for the information that he wants. In view of this the Commission after discussing with the Appellant directs Mr. Arun Kumar, PIO to obtain a photocopy of the entire file relating to the collapse of this building and give it to the Appellant.
Decision:
The appeal is allowed.
Mr. Arun Kumar, PIO is directed to obtain a photocopy of the entire file relating to the collapse of the building and give it to the Appellant before 30 January 2010.
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 15 January 2010 (In any correspondence on this decision, mention the complete decision number.)Rnj Page no. 3 of 3