Central Information Commission
Mr.Ved Prakash vs Mcd, Gnct Delhi on 6 October, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002351/9644
Appeal No. CIC/SG/A/2010/002351
Relevant Facts emerging from the Appeal
Appellant : Mr. Ved Prakash
H.No.-BH 113A Shalimar Bagh
New Delhi-110088
Respondent : Public Information Officer
Municipal Corporation Of Delhi Office of Superintending Engineer Anand Parbat, Karol Bagh New Delhi-5 RTI application filed on : 25/04/2010 PIO replied : 18/06/2010 First appeal filed on : 07/06/2010 First Appellate Authority order : Not enclosed Second Appeal received on : 20/08/2010 Information Sought:
1. In order to verify in the public interest, whether the construction carried strictly in accordance with the plan sanctioned by the MCD or not.
2. How has the building plan been sanctioned which are more than 15 meters . Give details.
3. Whether the MCD officials inspected the construction on plot no. 6247 Block No. 6 Gali No. 1, Dev Nagar. Whether illegal construction of five fee chajja in width on all the floors along with the stairs had been noticed. Give details.
Reply of the Public Information Officer (PIO):
1. Building plan of the property sanctioned vide 5BP No. 117/B/KBZ/09/158 dated 24/07/2009 consists of 1 plan/sheet. The copy could be obtained by depositing Rs. 80/-
2. No, height of the building was less than 15 meters.
3. Property bearing No.6247 had been booked under section 343 and 344 of DMC Act 1957 vide file No. B/UC/KBZ/10/201.
Grounds for the First Appeal:
Unsatisfactory information by the PIO.
Order of the First Appellate Authority (FAA):
Not enclosed .
Grounds for the Second Appeal:
Unsatisfactory and incomplete information by the PIO. Relevant Facts emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a perusal of the papers it appears that the building plan of plot no. 6247, Block no. 6, Gali no. 1, Dev Nagar, Karol Bagh has not been provided. The RTI application was filed on 25/04/2010 and the information should have been provided to the appellant before 25/05/2010. Instead the PIO has provided the partial information to the appellant asking additional fee of Rs.80/- for providing the building plan. The PIO's request for additional charge is without any basis it the law since the mandated period of 30 days was already over.
The appellant claims that he has paid the additional fee still the building plan was not been provided to him.
Decision:
The Appeal is allowed.
The PIO is directed to give the building plan to the appellant before 25 October 2010. He is also directed to refund Rs.80/- wrongly charged as additional fee from the appellant before 25 November 2010.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 30 November 2010 at 11.30am alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also bring the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent the information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the PIO is directed to inform such persons of the show cause hearing and direct them to appear before the Commission with him.
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 06 October 2010 (In any correspondence on this decision, mention the complete decision number.)(AM)