Central Information Commission
Mr.Rakesh Kumar Bhardwaj vs Mcd, Gnct Delhi on 12 March, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/000105/17604
Appeal No. CIC/SG/A/2012/000105
Relevant Facts emerging from the Appeal:
Appellant : Mr. Rakesh Kumar Bhardwaj
R/o: 68 -C, L-Block, Saket,
New Delhi - 110016.
Respondent : Mr. Dilip Ramnani
Public Information Officer & SE-I Municipal Corporation of Delhi, O/o The Superintending Engineer-I, South Zone : Green Park, New Delhi - 110016.
RTI application filed on : 13/09/2011
PIO replied : 19/10/2011
First appeal filed on : 24/10/2011
First Appellate Authority order : 30/11/2011
Second Appeal received on : 05/01/2012
S. No Information Sought Reply of the PIO
1. Action taken by MCD against IMM running As per record no action has Educational Building without completion been taken. certificate for building at Institute of Marketing & Management, B--11, Qutab Institutional Area, New Delhi -- 16, since 1999 up to date.
2. Action taken by MCD in r/o complaint dated As above.
28/07/201 1 (copy enclosed) against IMM & IIPM for illegal construction on 5th floors of building at B-11, QIA, New Delhi. _________ Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
"As the reply has already been provided by the SE-l/ PIO, no further action is required in this appeal."
Grounds for the Second Appeal:
Unsatisfactory reply Page 1 of 2 Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Rakesh Kumar Bhardwaj;
Respondent: Mr. R. K. Bansal, AE on behalf of Mr. Dilip Ramnani, Public Information Officer & SE-I;
The Appellant had sought information about action taken against his complaint for unauthorized construction. The PIO claims that an inspection had been done and the JE has recorded that no unauthorized construction has been done and only some internal changes were being made, hence no action was taken. The Commission directs the PIO to provide a copy of said inspection report to the Appellant.
The Appellant has produced before the Commission a showcause notice issued by DDA M/s Institute of Marketing and Management in which a number of unauthorized constructions have been mentioned. However, it appears that MCD Engineers are not able to see the unauthorized constructions as per the reports filed by them. The Commission is providing a copy of showcause notice to the Respondents and expects that they would not open their eyes to the unauthorized construction instead of claiming sudden blindness when unauthorized constructions are being done.
Decision:
The Appeal is allowed.
The PIO is directed to provide a copy of inspection report to the Appellant before 30 March 2012.
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 12 March 2012 (In any correspondence on this decision, mention the complete decision number.)(PRE) Page 2 of 2