Central Information Commission
Sarnjeet Singh Bhamra vs Mcd on 8 January, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MCDND/A/2024/657401 and CIC/MCDND/A/2024/624660
Sarnjeet Singh Bhamra .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
PIO under RTI,
Executive Engineer-(Building-I)/KPZ,
Municipal Corporation of Delhi,
Building-I Department, Keshav
Puram Zone, A-1 Block, M.C.D.
Primary School, Keshav Puram,
Delhi-110035 .... ितवादीगण /Respondent
Date of Hearing : 08.01.2026
Date of Decision : 08.01.2026
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned Complaints are clubbed together as the Complaint and
the Respondents are common and subject-matter is similar in nature and
hence are being disposed of through a common order.
File No: CIC/MCDND/A/2024/657401
Relevant facts emerging from appeal:
RTI application filed on : 17.09.2024
CPIO replied on : 04.11.2024
Page 1 of 5
CIC/MCDND/A/2024/657401 and CIC/MCDND/A/2024/624660
First appeal filed on : 29.10.2024
First Appellate Authority's order : 21.11.2024
2nd Appeal/Complaint dated : 26.12.2024
Information sought:
1. The Appellant filed an RTI application dated 17.09.2024 (online) seeking the following information:
"Reference my mail dated 02.07.2024, addressed to Shri Ashwani Kumar, IAS, Commissioner, MCD (copy enclosed).
I shall be grateful if you kindly provide me the following information under RTI Act, 2005: -
i. Chronological Action Taken Report on my above mail and ii. Copy of order/rule of MCD, which clarified that "action against old & occupied unauthorized constructed flats built on the common roof, could not be taken,"
2. The CPIO furnished a point-wise reply to the Appellant on 04.11.2024 stating as under:
"i. Information in the form of clarification/interpretation does not fall under the purview of RTI Act, 2005.
ii. Information as per i above. However, action as per various provisions of DMC Act has been taken by the department."
3. Being dissatisfied, the Appellant filed a First Appeal dated 29.10.2024. The FAA vide its order dated 21.11.2024, held as under:
Page 2 of 5CIC/MCDND/A/2024/657401 and CIC/MCDND/A/2024/624660 "The hearing was held on 21.11.2024 at 01.00 PM. The applicant did not attend the hearing whereas APIO, ΕΕ(B-I)/KPZ was present during the hearing.
The information provided by the PIO has been examined. Therefore, PIO, EE (B-I)/KPZ is directed to provide amended reply to the appellant within 10 days from the receipt of this order after following provisions of the RTI Act 2005."
4. In compliance of the FAA order, the PIO furnished a point-wise reply to the Appellant on NIL stating as under:
"i. As per online complaint dated 28.11.2023 grievance no. 2023022651 with respect to P. No. 99, Apna Ghar Society opposite M2K Pitampura. In this regard it is submitted that the said property has been booked vide file No. 111/B/UC/RZ-1/2012 dated 22.08.2012 and demolition action already been initiated on 07.09.2012, 17.06.2013 & 09.07.2013 respectively.
ii. The information in the form of clarification/interpretation does not falls under the purview of RTI Act, 2005."
5. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
File No. CIC/MCDND/A/2024/624660 Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Jitender Dabas, Assistant Engineer (B)/APIO and Shri Amarnath Ram, Junior Secretariate Assistant, appeared in person.Page 3 of 5
CIC/MCDND/A/2024/657401 and CIC/MCDND/A/2024/624660
6. Proof of having served a copy of Second Appeals on Respondent while filing the same in are not available on record. The Respondent confirmed non- service.
7. The Appellant inter alia submitted that his grievance has since been redressed and, accordingly, he does not wish to pursue the present Second Appeal further. However, he urged the Commission to take note of the fact that the information furnished by the PIO was incomplete and to suitably caution the PIO in this regard. He further submitted that the First Appellate Authority passed the order without affording him an opportunity of being heard and requested the Commission to advise the FAA to ensure compliance with the principles of natural justice by directing the FAA for granting such opportunity in future.
8. The Respondent while defending their case inter alia submitted that they had already replied to the RTI application as per the provisions of the RTI Act.
Decision:
9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observed that the Appellant has stated before the Commission that his grievance stands resolved and he has received the desired information and that he does not wish to pursue the present Second Appeals any further. In view of the above submission of the Appellant, the Commission finds no reason to adjudicate the matter on merits. Accordingly, the present Second Appeals are closed.
10. However, the Commission deems it appropriate to observe that while disposing of the First Appeal, the First Appellate Authority is required to adhere to the principles of natural justice. The record reveals that the First Appellate Authority proceeded to pass the order in the absence of the Appellant thereby denying him the opportunity of being heard. Although the RTI Act does not mandatorily require personal hearing in every case, once a Page 4 of 5 CIC/MCDND/A/2024/657401 and CIC/MCDND/A/2024/624660 hearing is fixed, reasonable opportunity of being heard ought to be afforded to the Appellant before passing an order.
11. In this regard, the Commission advises the First Appellate Authority to ensure that, in future, an effective opportunity of being heard is provided to the Appellant/RTI applicant before passing orders, so as to uphold the principles of natural justice and transparency as envisaged under the RTI Act, 2005.
The appeals are disposed of accordingly.
Sd/-
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) Sd/-
(S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Superintending Engineer-I, Municipal Corporation of Delhi, Keshav Puram Zone, A-1 Block, Keshav Puram, Delhi - 110035 Page 5 of 5 CIC/MCDND/A/2024/657401 and CIC/MCDND/A/2024/624660 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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