Central Information Commission
Mr. Praveen Narang vs Municipal Corporation Of Delhi on 20 March, 2009
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110 067.
Tel: + 91 11 26161796
Decision No. CIC /WB/A/2007/01136/SG/2328
Appeal No. CIC /WB/A/2007/01136/SG
Relevant Facts emerging from the Appeal
Appellant : Mr. Praveen Narang,
C-68, Dayanand Colony,
Lajpat Nagar-IV, New Delhi-110024.
Respondent : Mr. Gyanesh Bharti,
Deputy Commissioner & PIO, Municipal Corporation of Delhi, Central Zone, Lajpat Nagar, New Delhi-110024.
RTI application filed on : 11/10/2006 PIO replied : 19/01/2007 First appeal filed on : 22/02/2007 First Appellate Authority order : 02/03/2007 Second Appeal filed on : 31/08/2007
The appellant had asked in RTI application regarding two eating houses. Copy of Health License ever applied by M/s. Sapna Snacks Bar & M/s. Sai Foods, and inspection reports carried out by the DOH in the year 2005-2006. Copy of encroachment removal action lastly taken in the year 2006 & copy of challan no. 206595 and 206596.
S. Information Sought. The PIO replied. No.
1. Trade/Ad-hoc License of two eating houses Only one license is issued to named above. M/s Sapna Snacks Bar and other one is running without license.
2. Sanction plan sanctioned vide File No. .... No building plan has been From which they are operating. Whether the sanctioned for both the building structured from which they are properties by the building running their eating house was sanctioned by department Central Zone. the MCD/CZ or DDA or MO Rehabilitation (MOR) or DDA or MP Rehabilitation.
3. Permitted land use of eating house (s), This point has been Necessary information may be had, if not transferred to Town Planning available with the MCD, from the Ministry Department, under of Rehabilitation (MOR) or DDA land & information to you. Development office (L&DO), New Delhi.
4. Copy of Health License ever applied by M/s For information regarding Sapna Snacks Bar & M/s Sai Foods. Health Trade License, please contact Dy. Health officer, Central Zone, on any working day with prior intimation.
5. Copy of Health License issued by the As above.
DOH/Central Zone, Lajpat Nagar, New Delhi.
6. Copy of inspection reports carried out by the As above.
DOH in the year 2005 and 2006.
7. Copy of encroachment removal action lastly Please give specific locality taken in the year 2006. so that proper reply can be given.
8. Copy of challan No. 206596 and 206596 Reply had been supplied to dated 30.03.2006. the appellant.
The First Appellate Authority ordered: -
"I have gone through the report submitted by the PIO. Deputy Commissioner (Central Zone)'s reply is requiring more details. Deputy Commissioner (Central Zone)(PIO) has requested the applicant to come his office on Tuesday 06.03.2007 at 11.30 A.M. for hearing for his information. The appellant agreed to it.
The Commission heard the matter and remanded to the First Appellate Authority Mr. Naresh Kumar, Addl. Commissioner (Engineering) to determine which of the dates is correct. The report from the Appellate Authority will be submitted to the Commission by 10 November, 2008 after which the Commission will hear the matter.
Reply form the First Appellate Authority, Mr. Naresh Kumar MCD:-
The present appeal is against the application regarding ID No. 458 which has been registered on 18/12/2006. Further, it may not be out of place to mention here that both the application registered on 11/10/2006 and that on 18/12/2006 contains the same date but the dates of the depositing fees were different. In fact, in the application registered on 18/12/2006 he mentioned earlier dated of application i.e. 11/10/2006 as a result this situation cropped up. The report is place before the Commission for their consideration & further orders.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Praveen Narang Respondent: Mr. R.K. Parashar on behalf of Mr. Gyanesh Bharti PIO While persusing the papers there is a difference between the appellant and the respondent on which date the RTI application was filed. The respondents point out that in the papers submitted by the appellant ID 458 dated 20/12/2006 is mentioned, whereas appellant is contending that the RTI application date is 11/10/2006. Since it is not possible for the Commission to establish which RTI application or dates apply to the matter, it is not possible to proceed further. The matter is therefore remanded to the First appellate authority Shri Naresh Kumar, Add. Commissioner (engineering) to determine which of the dates is correct. The report from the appellate authority will be submitted to the Commission by 10 November, 2008 after which the Commission will hear the matter.
Relevant facts emerging during hearing on 20 March 2009:
The following were present Appellant: Mr. Praveen Narang Respondent: Mr. Gyanesh Bharti then PIO The Additional Commisioner has given a report which seems to indicate that the information was provided in time. The appellant is fairly distressed since the Public authority is indicating that completely illegal eateries are operating. Dr. Hazarika DHO Central Zone gives an assurance that such an illegal eating houses
-Ms. Sapna Snacks Bar at 198/52/2 Ramesh Market, Near C73, Dayanand Colony, Lajpat Nagar and Sai Foods at 198/52/4 at the same addresss cannot be allowed to continue. He has given an assurance that the illegal eating houses will be sealed by 5 April 2009.
Decision:
The Appeal is disposed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 20th March 2009 (In any correspondence on this decision, mentioned the complete decision number.)