Central Information Commission
Horilal Sharma vs Mcd on 23 May, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/YA/A/2016/002117
Date of Hearing : 18.05.2017
Date of Decision : 18.05.2017
Appellant/Complainant : Mr. Horilal Sharma
Respondent : CPIO, North Delhi Municipal
Corporation
Through:
Shri Jeewan Singh, ADC(CZ)
For PIO
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI applications filed on : 05.02.2016
PIO replied on : -
First Appeal filed on : 22.03.2016
First Appellate Order on : -
2nd Appeal/complaint received on : 15.06.2016
Information soughtand background of the case:
Vide RTI applications dated 05.02.2016, the appellant sought information regarding parking facility at Chandni Chowk, Naya Bazar, Shradhanand Market and Khari Baoli under 7 points. The CPIO did not reply. The appellant filed first appeal. The FAA did not adjudicate the matter. Feeling aggrieved, the appellant approached the Commission.
Relevant facts emerging during hearing:
Both the parties are present and heard. At the outset, the appellant submits that he has recently received a reply from PIO, but he is still dissatisfied with the information furnished. The appellant highlights the issue of inadequate parking facility at Chandni Chowk, Naya Bazar, Shradhanand Market and Khari Baoli areas of Delhi. He alleges that the Municipal authorities have done least to address the problem and due to dearth of parking slots in the aforesaid areas, heavy traffic congestion has become an ever persisting problem. He asserts that the shopkeepers in the area park their vehicles on the road which lead to further congestion of already narrow roads of the old city. He states that the detail of designated parking areas & slots available therein, is not made known to public at large leading to further chaos. In this factual backdrop, the appellant states to have sought the information in public interest. Per contra, the PIO concedes that the information was furnished at a much belated stage and tenders unqualified apology for the same. He states that a project aimed to provide adequate parking in Chandni Chowk area is underway and the Shahjahanabad Redevelopment Corporation is seized with the matter. In view of the apology tendered by the respondent, the appellant did not press for penal measures and the Commission condones the delay.
Decision:
After hearing parties and perusal of record, the Commission directs the respondent CPIO to furnish complete information afresh to the appellant within 3 weeks of receipt of this order.
In the considered opinion of the Commission, the class of information under question ought to have been proactively disclosed by the public authority under Section 4(1)(b) of the RTI Act. Keeping in view the larger public interest involved, hardship faced by public at large due to lack of knowledge of designated parking area and to avoid host of other problems viz. unlawful levy of parking fee, obstruction in free flow of traffic due to parking of vehicles on roads etc. the Commission, in exercise of powers conferred under Section 19(8) of the RTI Act, deems it appropriate to issue guidelines in this regard. Information regarding all designated Parking places in Delhi shall be placed in public domain. Besides description, the public authority shall specify against each parking, the class wise slots or area earmarked for parking. In other words, the capacity of every parking area shall be published. It shall also indicate the scheduled parking charges, if any.
The Commission further directs that this information shall be hosted online for whole municipal area under jurisdiction of North DMC. Similarly, there shall be a direction to East Delhi Municipal Corporation, South Delhi Municipal Corporation & New Delhi Municipal Corporation to host details of parking facilities within their respective territorial jurisdiction on website and other modes of public communication as deemed fit. These directions shall be complied within 3 months of receipt of this order. A report of compliance from all aforesaid Municipal bodies must reach the Commission by 15.09.2017 The appeal is allowed in the aforesaid terms.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to:-
Superintendent & PIO, First Appellate Authority under
Tihar Central RTI
Jail (Government of NCT of Additional Director
Delhi), Central Jail No.-02, General-(Prisons) &
Tihar, New Delhi-110064. FAA, Tihar Central
Jail, Prison
Headquarters, Tihar, Janak
Puri, New Delhi-110058.
HORILAL SHARMA
Village - Dhanoura, Post
Office - Dhanoura, District -
BULANDSAHAR-203203 (U.P.).