Central Information Commission
Mr.Dalip Maitri vs Mcd, Gnct Delhi on 19 January, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/003286/16958
Appeal No. CIC/SG/A/2011/003286
Relevant Facts emerging from the Appeal
Appellant : Mr. Dalip Maitri
R/o: X-37, Civil Wing,
Tis Hazari Courts, Delhi - 110054.
Respondent : Dr. A. K. Rawat
Public Information Officer & Dy. Health Officer Municipal Corporation of Delhi O/o The Dy. Health Officer, Civil Line Zone, 16, Rajpur Road, Delhi - 110054.
RTI application filed on : 08/01/2011 PIO replied : 16/02/2011 First appeal filed on : Not enclosed First Appellate Authority order : 30/09/2011 Second Appeal received on : 04/11/2011 Information Sought:
1. Under which zone arid which department of MCD falls the locality of Bhalswa Dairy, Bhalswa Village, Delhi and who is the concerned person with designation to give complete information about this locality, allotment terms, permissible construction. approval of proposed site plan, etc?
2. What are the allotment & terms and conditions in relation to dairy plots, Bhalswa Dairy Complex, Bhalswa Village, Civil Lines Zone, Delhi allotted as alternative sites/ plots to the private Dairy Owners ?
3. Whether the plots allotted to the private Dairy Owners in the year 1986 at Bhalswa Dairy Complex, Bhalswa Village, Civil Lines Zone, Delhi are transferrable as if any other property in Delhi? If yes, then how?
4. What is the permissible limit of construction at the plots allotted for dairy farm purposes in the 1986 at Bhalswa Village, Bhalswa Dairy Complex, Delhi?
5. How many plots in each block exist at Bhalswa Dairy Complex, Bhalswa Village, Delhi? Also tell Bhalswa Dairy Farms, Bhalswa Village comprises of how many Blocks?
6. When was the Bhalswa Dairy Complex/project established ?
7. How many allotments were made at time of its establishment or at any subsequent stage at Bhalswa Dairy Complex, Bhalswa Village, Civil Lines Zone, Delhi? Provide coy of the list of allottees.
8. Who is the Municipal Councillor for Bhalswa Dairy Complex, Civil Lines Zone. MCD, Delhi?
9. How many Dairy Plots allotted at Bhalswa Dairy Complex, Bhalswa Village Civil Lines, Delhi were transferred and through which mode?
10. Whether Jain Colony Near Rajiv Nagar, Civil Lines Zone, Delhi is authorised as per Currently applicable Master Plan of Delhi?
11. What action has MCD taken against the unauthorized constructions being in operation at Jain Colony, Rajiv Nagur, Guru Nanak Colony, Near Bhalswa Village, Civil Lines Zone, Delhi ?
Page 1 of 312. How many demolitions were carried out by MCD in Bhalswa Dairy Complex, Bhalswa Village, New Delhi since the allotment of plots ?
13. What is the procedure to be followed by MCD prior to carrying out any demolition in Bhalswa Dairy Complex, Bhalswa Village, Civil Lines Zone, Delhi?
14. Provide a copy of site plan of the entire Bhalswa Dairy Complex, Bhalswa Village; New Delhi?
15. What is the current density of construction in each block of Bhalswa Dairy Complex, Bhalswa Village, New Delhi ?
16. Whether any sanction is required for carrying out construction on allotted plots at Bhalswa Dairy Complex, Bhalswa Village, Delhi? If yes, then who & in which department is and how much time is involved in grant of the sanction?
17. Whether police is intimated Prior to demolition of any structure at any plot/site within the locality of Bhalswa Dairy Complex, Bhalswa Village, Civil Lines Zone, Delhi? If yes, then how many days in advance does such intimation is sent?
18. Provide a copy of the notification by virtue of which Bhalswa Dairy Complex was established at Bhalswa Village, Civil Lines Zone, Delhi?
19. How many persons applied for sanction prior to carrying out construction at the dairy plots at Bhalswa Dairy Complex, Bhalswa Village, New Delhi?
20. Does MCD issue any notice prior to demolition of any property in Bhalswa Dairy Complex. Bhalswa village, New Delhi?
21. During past 6 months how many demolition notices were issued by MCD in Bhalswa Dairy Complex?
Reply of the Public Information Officer (PIO):
1. Civil Line Zone, under Veterinary Services Department, Bhalswa Dairy Complex, Bhalswa Village was allotted by the General Branch Department, Civil Line Zone.
2. The Dept. vety. Services was established after November 2002. as relevant record were not handed over to the Vety. Services Dept. by the General Branch. So the Dept. Vety. Services is unable to provide any allotment terms and conditions.
3. Not transferable & as per terms & conditions laid down in the alignment letters.
4. Permissible limit as defined in the allotment letters.
A-832 B-288 C-176
5. 1296 plots exist at Bhalswa Dairy Complex as per survey report of the year 2007 of then V.O. There are 3 blocks A,B,C.
6. No such record exist in Veterinary Office, Civil Line Zone.
7. The Vety. Services Dept. was established after November 2002 and no record were handed over to the Dept. by General Branch. So the Dept. has no idea regarding no. of allotment were made at the time establishment or any subsequent stage at Bhalswa Dairy Complex.
8. Sh. Surender Khurb
9. The Dept. Vety. Services does not have its own original allottees so it is very difficult to say how many plots were transferred.
10. Not related to Vety. Services Dept.
11. Not related to Vety. Services Dept.
12. Not related to Vety. Services Dept.
13. Not related to Vety. Services Dept.
14. Deposit Rs.1200/-for copy of site plan.
15. Not known.
16. As per Building bye laws.
17. Not related to Vety. Services Dept.
18. There is not any notification copy in Vety. Services Dept.
19. No such record exists with Vety. Department, Civil Lines Zone.
Page 2 of 320. Not related to Vety. Services Dept.
21. Not related to Vety. Services Dept. Grounds for the First Appeal:
Not enclosed by the applicant.
Order of the First Appellate Authority (FAA):
"After considering all the facts1and circumstances of the case and the time elapsed in this case and such cases does not comes under the purview of RTI Act-2005, hence rejected."
Grounds for the Second Appeal:
Unsatisfactory Information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Dalip Maitri;
Respondent: Dr. A. K. Rawat, Public Information Officer & Dy. Health Officer;
The PIO has given the information and had asked the Rs.1200/- as additional fee for copy of the Plan. The appellant did not deposit the money and after 18 months states that he wants the photocopies. The PIO has brought the two plans and shown them to the Appellant. These are fairly faint and not very readable. The appellant however states he is willing to take copy of this plan as it is.
Decision:
The Appeal is disposed.
The PIO is directed to give copy of the plan to the Appellant within 10 days of receiving the payment.
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 19 January 2012 (In any correspondence on this decision, mention the complete decision number.)(PRE) Page 3 of 3