Central Information Commission
Sanjay Dayal vs North Delhi Municipal Corporation ... on 28 August, 2020
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई ददल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal Nos.
CIC/NDMCP/A/2020/106708 CIC/NDMCP/A/2020/106709
CIC/NDMCP/A/2020/106710 CIC/NDMCP/A/2020/106711
CIC/NDMCP/A/2020/106712 CIC/NDMCP/A/2020/106713
CIC/NDMCP/C/2019/125727 CIC/NDMCP/A/2020/106714
CIC/NDMCP/A/2020/106716 CIC/NDMCH/A/2020/109599
Shri Sanjay Dalal
... अपीलकताग/Appellant
VERSUS/बनाम
PIO/ EE (B)-I, City SP Zone, North MCD ...प्रनतवादीगण /Respondent
PIO/EE(B)-I, Civil Lines Zone, North MCD
Date of Decision : 28.08.2020
Information Commissioner : Shri Y. K. Sinha
Case Nos. RTI dated CPIO reply First FAA's Second
Appeal Order Appeal
dated dated received on
106708 29.07.2019 24.09.2019 29.07.2019 16.12.2019 10.02.2020
106709 29.07.2019 24.09.2019 29.07.2019 16.12.2019 10.02.2020
106710 29.07.2019 24.09.2019 29.07.2019 16.12.2019 10.02.2020
106711 29.07.2019 24.09.2019 22.11.2019 31.12.2019 10.02.2020
106712 29.07.2019 24.09.2019 22.11.2019 31.12.2019 10.02.2020
106713 29.07.2019 24.09.2019 22.11.2019 31.12.2019 10.02.2020
125727 29.07.2019 24.09.2019 22.11.2019 31.12.2019 29.05.2019
106714 29.07.2019 24.09.2019 22.11.2019 31.12.2019 10.02.2020
106716 27.08.2019 05.09.2019 29.11.2019 03.12.2019 10.02.2020
109599 27.08.2019 03.10.2019 29.11.2019 03.12.2019 27.02.2020
Page 1 of 7
(1) CIC/NDMCP/A/2020/106708
Information soughtand background of the case:
The appellant vide RTI application dated 29.07.2019 seeking information about property no. T-504, Chamelion Road, Filmistan, Delhi in connection with complaints filed on 25.05.2019 and 28.06.2019 alleging illegal construction being carried out on the property and sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/ EE (B)-I, City Sadar Pahar Ganj Zone North MCD vide reply dated 24.09.2019 provided point-wise information to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 29.07.2019 which was decided by the First Appellate Authority/Superintending Engineer, City-S.P.Zone, North DMC vide order dated 16.12.2019 directing the PIO to provide modified information with action taken report within 15 days.
(2) CIC/NDMCP/A/2020/106709 Information sought and background of the case:
The appellant vide RTI application dated 29.07.2019 seeking information about property No. C-73, 74 Double Story Idgah Road, Delhi-6 in connection with complaints filed on 25.06.2019 and 08.07.2019 alleging illegal construction being carried out on the property and sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/ EE (B)-I, City Sadar Pahar Ganj Zone North MCD vide reply dated 24.09.2019 provided point-wise information to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 29.07.2019 which was decided by the First Appellate Authority/Superintending Engineer, City-S.P.Zone, North DMC vide order dated 16.12.2019 directing the PIO to provide modified information with action taken report within 15 days.
(3) CIC/NDMCP/A/2020/106710 Information sought and background of the case:
The appellant vide RTI application dated 29.07.2019 seeking information about property No. 3978, Gali Barna Sadar Bazar, Delhi-6 in connection with complaints filed on 25.06.2019 and 08.07.2019 alleging illegal construction being carried out on the property and sought action taken on his complaint;Page 2 of 7
details pertaining to orders issued/comments made in response to his complaint etc. The PIO/ EE (B)-I, City Sadar Pahar Ganj Zone North MCD vide reply dated 24.09.2019 provided point-wise information to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 29.07.2019 which was decided by the First Appellate Authority/Superintending Engineer, City-S.P.Zone, North DMC vide order dated 16.12.2019 directing the PIO to provide modified information with action taken report within 15 days.
(4) CIC/NDMCP/A/2020/106711 Information sought and background of the case:
The appellant vide RTI application dated 29.07.2019 seeking information about property No. B-68, Double Storey Quarter, Idgah Road, Delhi-6 in connection with complaints filed on 28.06.2019 and 05.07.2019 alleging illegal construction being carried out on the property and sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/ EE (B-I), City Sadar Pahar Ganj Zone North MCD vide reply dated 24.09.2019 provided point-wise information to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 22.11.2019 which was decided by the First Appellate Authority/Superintending Engineer, City-S.P.Zone, North DMC vide order dated 31.12.2019 directing the PIO to provide modified information with action taken report within 15 days.
(5) CIC/NDMCP/A/2020/106712 Information sought and background of the case:
The appellant vide RTI application dated 29.07.2019 seeking information about property No. 8142 to 8146, Gali No.5, Chimn Mill Bada Hindu Rao, Delhi-6 in connection with complaints filed on 28.06.2019 and 08.07.2019 alleging illegal construction being carried out on the property and sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/ EE (B)-I, City Sadar Pahar Ganj Zone North MCD vide reply dated 24.09.2019 provided point-wise information to the Appellant from records available.Page 3 of 7
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 22.11.2019 which was decided by the First Appellate Authority/Superintending Engineer, City-S.P.Zone, North DMC vide order dated 31.12.2019 directing the PIO to provide modified information with action taken report within 15 days.
(6) CIC/NDMCP/C/2020/125727 (7) CIC/NDMCP/A/2020/106713 Information sought and background of the case:
The appellant vide RTI applications dated 03.02.2019 seeking information about complaint file vide diary No.29297/DC/CSPZ/2019 and 12077/EE(B)- 1/CSPZ/2019 and sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/ EE (B)-I, City Sadar Pahar Ganj Zone North MCD vide reply dated 16.09.2019 provided point-wise information to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 22.11.2019 which was decided by the First Appellate Authority/Superintending Engineer, City-S.P.Zone, North DMC vide order dated 31.12.2019 directing the PIO to provide modified information with action taken report within 15 days.
(8) CIC/NDMCP/A/2020/106714 Information sought and background of the case:
The appellant vide RTI application dated 29.07.2019 seeking details of posting of Shri Amit Kumar, Data Entry Operator, presently posted at S.E.Office Kashmere Gate, total period of posting in City Sadar Pahar Ganj Zone, total DEO working/sanctioned posts in City Sadar Pahar Ganj Zone and details of duties of Data Entry Operator etc. The PIO/EE (B)-I , City Sadar Pahar Ganj Zone North MCD vide reply dated 16.09.2019 informed the appellant to inspect the required Booking File and collect the certified photocopy/documents as per norms of RTI Act, 2005.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 22.11.2019 which was decided by the First Appellate Authority/Superintending Engineer, City-S.P.Zone, North DMC vide order dated 31.12.2019 directing the PIO to provide modified information with action taken report within 15 days.Page 4 of 7
(9) CIC/NDMCP/A/2020/106716 The appellant vide RTI application dated 27.08.2019 sought information with regard to main motive/objective to constitute the STF (Special Task Force) by the Hon'ble Supreme Court of India, responsibilities of Grid Officer, Zone wise number of properties sealed in North Delhi Municipal Corporation on STF complaints till date, zone wise number of properties demolished and zone wise number of STF complaints pending till date.
The PIO/ EE (B)-I, City Lines Zone North MCD vide reply dated 05.09.2019 provided point-wise information to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 29.11.2019 which was decided by the First Appellate Authority/Superintending Engineer-I, Civil Lines Zone, North DMC vide orders dated 22.01.2020 directing the PIO to provide modified information with action taken report within 15 days.
(10) CIC/NDMCH/A/2020/109599 Information sought and background of the case:
The appellant vide RTI application dated 27.08.2019 sought information with regard to main motive/objective to constitute the STF (Special Task Force) by the Hon'ble Supreme Court of India, responsibilities of Grid Officer, Zone wise number of properties sealed in North Delhi Municipal Corporation on STF complaints till date, zone wise number of properties demolished and zone wise number of STF complaints pending till date.
The PIO/ EE (B), City Sadar Pahar Ganj Zone North MCD vide reply dated 05.09.2019 and 3.10.2019 provided point-wise information to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 29.11.2019 which was decided by the First Appellate Authority/Superintending Engineer, City-S.P.Zone, North DMC vide orders dated 03.12.2019 and 22.01.2020 directing the PIO to provide modified information with action taken report within 15 days.
Decision:
1. The current situation of lockdown necessitated due to outbreak of the COVID-19 pandemic has caused a significant disruption in the functioning of all establishments and businesses alike. In respect of the Commission, this translates into a mounting backlog of Appeals and Complaints. In such circumstances, there is a pressing need to identify cases such as the ones under adjudication for cumulative disposal in order to facilitate expedient disposal of cases of other information seekers. In other words, Page 5 of 7 this is where the aforementioned juxtaposition comes into play as the Commission seeks to strike a fine balance between the interests of information seekers at large, while keeping the menace of frivolous and repetitive RTI Applicants under check.
2. The records of the aforementioned Nine (9) Second Appeals and one (1) complaint filed by the Appellant before North Delhi Municipal Corporation have been examined and it is found that Appellant's queries indicate a particular pattern. In all of the above appeals, the Appellant has sought information relating to action taken on his complaints filed before the Respondent public authority regarding alleged illegal construction on 10 separate properties situated in the City-S.P. Zone. It is noted that while the PIO has supplied available information, the Appellant's consistent grievance in all of the above Second Appeals, has been that the order of the First Appellate Authority has not been complied with by the PIO till the date of filing of Second Appeal. While the queries raised by the appellant indicate his attempt to raise awareness about the menace of illegal unauthorised constructions in the city, the Commission cannot encourage the means adopted by the appellant, of filing multiple RTI applications.
The approach of the FAA while handling the First Appeals is also rather mechanical indicating lack of application of mind. Consequently, the implementation of the FAA's order comes into focus.
3. While addressing the appellant's queries in aforementioned cases, the Commission must also bear in mind the current scenario wherein a number of offices of Delhi Government have been sealed to arrest the spread of the pandemic after detection of some corona positive cases in the premises. Some officials of various departments have also been assigned duties to tackle the pandemic, COVID-19 or have been even quarantined. Thus in order to strike a balance between the prevalent situation and adjudication of the cases, the Commission is of the considered opinion that holding structured hearings of the above cases will only delay the dissemination of the desired information. Hence, Commission finds it expedient that all the aforesaid Second Appeals be remanded to the concerned FAA/Superintending Engineer, City-S.P.Zone, North DMC to ensure compliance of the FAA's order/s and the PIO/EE-B- II, City-S.P. Zone, North DMC is directed to submit an action taken report before the Commission by 31.11.2020, failing which appropriate legal action shall be initiated against the errant official.
In view of the above, all the nine Second Appeals and one complaint are disposed off with the above directions.
(Y. K. Sinha (वाई. के .नसन्द्हा) Information Commissioner(सूचना आयुक्त) Page 6 of 7 Authenticated true copy (अभिप्रमाभित सत्याभित प्रभत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 7 of 7