Central Information Commission
Mr.Naresh Kumar Gupta vs Mcd, Gnct Delhi on 9 November, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002290/15532
Appeal No. CIC/SG/A/2011/002290
Relevant facts emerging from the Appeal:
Appellant : Mr. Naresh Kumar Gupta,
F-2/94, Sector-16, Rohini,
Delhi-110089.
.
Respondent : 1. Mr. Vasudev Sharma
PIO & AC, Rohini Zone, Municipal Corporation of Delhi Sector-5, Rohini, Delhi-110085.
2. Mr. M. P. Gupta, PIO, Superintendent Engr. (SE-II), Municipal Corporation of Delhi Rohini Zone, Sector-5, Rohini, Delhi-110085.
3. Mr. S. P. Singh PIO & Dy. Director (Horticulture), Municipal Corporation of Delhi Rohini Zone, Sector-5, Rohini, Delhi-110085.
4. PIO SE-(I), Municipal Corporation of Delhi, Rohini Zone, Sec-5, Rohini, Delhi-110085.
RTI application filed on : 29/04/2011
PIO replied on : 1. 26/05/2011
2. 28/05/2011
3. 29/06/2011 after FAA order.
4. 08/07/2011
First Appeal filed on : 01/06/2011
First Appellate Authority order of : 24/05/2011
Second Appeal received on : 23/08/2011
Information Sought:
1. Who gets the authority, D.D.A or M.C.D for the maintenance of the C.C. Path, Drains, Surrounding Roads and Sewerages after takeover from MCD?
2. How many men are on work for the maintenance of such markets by the CSC Department? Give the names, work place and from when the men/employ was employed in that market.
3. Is there any unauthorized possession at the CC path and the Parking Lot, by the vendors on the land of MCD? Give information about the unusual blocking after survey from the related officer. And also state that in what time did the violators can be timebound.
4. Give information about the maintenance done to the small parks situated at four corners of the market by the DDA.
5. How much money was received by the Ward-21 for the Plantation in Rohini zone since January 1, 2007 to March 31, 2011?
6. For the Bad Conditions of the Parks I with my teammates want to inspect the parks, U/s 2(j) of the RTI Act. Please give the time, day and venue where we get the information or inspect.
The PIO reply:
1. Reply from the Asstt. Commissioner,
1. It is not related to the Environment Service Department.
2. There is no Safai Karamchari working in DDA Market area. The work of cleaning done from time to time.
3. It is not related to the Environment Service Department.
4. It is not related to the Environment Service Department.
5. It is not related to the Environment Service Department.
6. It is not related to the Environment Service Department.
2. Reply from the SE-II, Same as above.
3.. Reply from the DD Horticulture, Answer no. 4. The planter situated there are been taken care by the Horticulture Department of the MCD. As these planters are so small so there is no regular gardener for them. The care is taken by the local shopkeepers.
Answer no. 5. The money received by the MCD since 2007 to March 2011 was spent in ward no. 21. The appellant may inspect the office on coming any day from 2 PM to 5 PM.
4. Reply from the SE-RZ-I,
1. Matter related to MCD.
2. This matter is related to the Information Superintendent (Cleaning).
3. As the work of the removal of the violation, is being done at time to time, but if any violation still found out, then it will be removed by applying Routine Encroachment Removal Program done by police.
4. This information related to Horticulture department.
5. As this information is related to Horticulture department, buy the appellant may inspect the office.
6. This information related to Horticulture department.
Grounds for the First Appeal:
Unsatisfactory reply was given to the appellant by the PIO.
Order of the First Appellate Authority (FAA):
"The case was taken up today. The original application of the appellant, reply furnish by the PIO and contents of appeal memo have been gone through. While going through the reply I find that DEMS and Maintenance Department have given their reply which is as per the office record. In respect of P\paragraph 4, 5 & 6 the information was required to be given by the Horticulture department which does not seem to have been given.
The PIO Horticulture Department is directed to furnish the information within two weeks from the date of issue of this order."
Ground of the Second Appeal:
No information had been given by the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Naresh Kumar Gupta;
Respondent (1): Mr. Balkrishan, SS on behalf of Mr. Vasudev Sharma, PIO & AC, Rohini Zone; Respondent (2): Mr. A. K. Jain, AE on behalf of Mr. M. P. Gupta, PIO & SE-II Rohini Zone; Respondent (3): Mr. S. P. Singh, PIO & Dy. Director (Horticulture) Rohini Zone; Respondent (4): Absent;
The Appellant admits that he has received all the information as per records. He wants to know when MCD will clear the encroachments. Mr. A. K. Jain, AE states that he confirms that the encroachments in the area will be removed before 30 December 2011.
Mr. Balkrishan, SS states that the sweeping and cleaning in the market has not been done so far but will start before 01 December 2011.
Mr. S. P. Singh, PIO & Dy. Director (Horticulture) states that he will ensure that plants are put around the market before 30 November 2011. He will also provide information about the money spent on horticulture work in Ward no. 21. The Appellant wants to do a joint inspection of the Parks and Markets with the Respondent on 15 November 2011 at 10.00AM. They will meet at G-3, Sector-16 Park (Attendance Place) at 10.00AM.
Decision:
The Appeal is allowed.
The Commission directs Mr. S. P. Singh to provide the information about the money spent on Horticulture Work in Ward no. 21 to the Appellant before 30 November 2011.
He will also conduct a joint inspection with the Appellant as directed above on 15 November 2011 at 10.00AM. They will make a join inspection report signed by both the parties and a copy will be kept by each.
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 09 November 2011 (In any correspondence on this decision, mention the complete decision number. (BK))