Central Information Commission
Mr.Anil Datt Sharma vs Mcd, Gnct Delhi on 9 December, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/002633/16225
Appeal No. CIC/SG/A/2011/002633
Relevant Facts emerging from the Appeal:
Appellant : Mr Anil Dutt Sharma,
D-129, New Seelampur,
Delhi - 110053.
Ph - 9871622255.
Respondent : Mr. V.K. Bhatia
Public Information Officer & SE-II
Shahadra North (building-II),
Municipal Corporation of Delhi,
Zonal Building, Keshav Chowk,
Shahadra, Delhi.
RTI application filed on : 06/12/2010
PIO replied : 25/01/2011
First appeal filed on : 01/02/2011
First Appellate Authority order : Not Given
Second Appeal received on : 20/09/2011
Information sought: - Unauthorized construction is being carried out at
1. B-7 or near by plot at Naveen Shahdara.
2. G-13 or near by plot at Naveen Shahdara.
3. 1/10665 Subhash Park.
4. A-14 Gali no. 5 Mohan park opp. Raj tent house.
5. Plot opp. bearing no. 1/10537 mohan Park.
6. Plot abutting bearing no. 1/10488A Mahon Park.
7. Plot situated at Gali no. 7 West Rohtash Nagar.
8. 1/9269 West Rohtash Nagar (abutting plot and a plot opp to this plot.
Construction of the said plot or any other plot near by this plot. If any contents of matter are on record in lieu of that I shall deposit required fee and action required under DMC act therefore pleaser specify the section of act.
1. Provide me report which you have receive any request from above mentioned plots owners for sanctioning the land plan for construction. If yes when.
2. Provide me the time limits you have provided for construction of this plot. Provide me the exact last date of completion of buildings and the exact no. of plot.
3. If you found any irregularity in construction provide me action taking report against constructer and provide me particular sections under which normally you have to initiate action against the delinquent constructers.
Page 1 of 34. Please provide me name of the person, is empowered to take action against the plots constructers and what action is due against him for not taking action.
5. Who is empowered to take against the officer for not taking action against the plot constructers and what action is due against them.
6. I have video/photograph of this construction from beginnings. Provide me such norms for collecting/not collecting this evidence for taking legal action?
7. Provide me monthly certificate issued by JE under his signature to the effect that there is no unauthorized ongoing construction and/or encroachment on public/government land. (Reference High court Judgment) ( Kalyan Sansthan Social Welfare Organization V/s Union of India and Ors)
8. If not issued, please provide me under which law/judgment the said certificate was not issued.
9. Provide me action taking report against the JE and AE for not compliance the order of the Hon'ble High Court.
10. In the context of said High Court judgment, please give details regarding unauthorized ongoing construction at above mentioned plot and or encroachment on public/government land and action if any proposed to be taken.
11. If not, what action is due against JE and AE for dereliction of duty?
12. Provide me the date and other details about the copies of this certificate issued by JE and action taken plan has been furnished to the concerned Dy. Commissioner with a copy to the Head Quarters who would maintain records of such certificates.
13. Unauthorized construction is a cognizable offence under section 466 A of MCD act. Provide me the detail which you have sent to the local police for taking action.
14. If 466A of MCD act not attracted against the said plot constructer provide me such law there under you have delegated power for giving relaxation to above mentioned plot owner.
15. Please provide me the copy of letter which was forward to the police for taking action.
16. Provide me the name of JE and AE?
17. If any map sanctioned for construction of building, please provide me, is it for apartment, residential or commercial purpose.
PIO response:- Property No. s B-7 or near by plot at Naveen Shahdara:- This property is old and occupied So, it is not possible to provide any information about this.
G-13 or near by plot at Naveen Shahdara:- This property is old and occupied So, it is not possible to provide any information about this.
1/10665 Subhash Park:- This property is old and occupied. So, it is not possible to provide any information about this.
A-14 Gali no. 5 Mohan park opp. Raj tent house:- This property is old and occupied. Plot opp. bearing no. 1/10537 mohan Park:- The property is as per sanction Building Plan no. 262/B/SH-N/10 dated 31/12/2010.
Plot abutting bearing no. 1/10488A Mahon Park:- This property is old and occupied. Plot situated at Gali no. 7 West Rohtash Nagar:- This property is not traceable. 1/9446, Gali no. 7, opp. 1/91936, West Rohtas Nagar:- This property is old and occupied. 1/9269 West Rohtash Nagar (abutting plot and a plot opp to this plot.
1. This property is old and occupied. So it is not possible to provide any information about this.
2. Answer as per Point No. 1 above.
3. Answer as per Point No. 1 above.
4. Answer as per Point No. 1 above.
5. Answer as per Point No. 1 above.
6. Answer as per Point No. 1 above.
7. Answer as per Point No. 1 above.
Page 2 of 38. Answer as per Point No. 1 above.
9. Answer as per Point No. 1 above.
10. Answer as per Point No. 1 above.
11. Answer as per Point No. 1 above.
12. Answer as per Point No. 1 above.
13. Answer as per Point No. 1 above.
14. Answer as per Point No. 1 above.
15. Answer as per Point No. 1 above.
16. Answer as per Point No. 1 above.
17. Answer as per Point No. 1 above.
Grounds for the First Appeal:
Unsatisfactory information was given by the PIO. Order of the First Appellate Authority (FAA):
No order had passed by First Appellate Authority.
Grounds for the Second Appeal:
Unsatisfactory reply received by the Appellant and no order had passed by FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Anil Dutt Sharma;
Respondent : Mr. Ravi Kant Gupta, Asstt. Engineer on behalf of Mr. V.K. Bhatia, Public Information Officer & SE-II;
The PIO has informed the appellant that the buildings are old and occupied whereas the Appellant states that these are new illegal buildings that have been constructed. Both of them are willing to do an inspection of the building on 30 December 2011 from 10.30AM.
They will meet at the zonal office and make joint inspection report and take photographs signed by both the parties.
Decision:
The Appeal is allowed.
The PIO is directed to conduct a joint inspection on 30 December 2011 at 10.30AM as directed above. They will prepare a joint inspection report signed by both the parties and a copy of the report 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 December 2011 (In any correspondence on this decision, mention the complete decision number.) (SU) Page 3 of 3