Central Information Commission
Mr. Chandersain Jain vs Municipal Corporation Of Delhi on 30 December, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/002842/6138
Appeal No. CIC/SG/A/2009/002842
Appellant : Mr. Chandersain Jain
126, Modern Apartments,
Sector-15, Rohini, Delhi
Respondent : Mr. R. K. Ailawadi
Public Information Officer Municipal Corporation of Delhi Superintending Engineer-II Rohini Zone, Sector-5, Rohini RTI application filed on : 24/06/2009 PIO replied : 14/09/2009 First Appeal filed on : 22/08/2009 First Appellate Authority order : 22/09/2009 Second Appeal Received on : 05/11/2009 Notice of Hearing Sent on : 25/11/2009 Hearing Held on : 30/12/2009 The Appellant had sought the following certified copies of action taken by the MCD E.E.Building and BHO MCD in regard to an illegal and unauthorized basement in block B-2 of the Modern Cooperative Group Housing Society Ltd. Sector-15, Rohini.
Sl. Information Sought PIO's Reply
1. Action on reference submitted on A letter dated 21/01/2008 by EE(B)-II/Rohini Zone was
19/12/2007 received in the MCD addressed to the President, Modern C.G.H.S Plot No.5,
office on the same date with sector-15, Rohini asking for a copy of sanctioned
receipt number 5224 & 5225. building plan for inspection of the society. A reply was received from the society vide a letter dated 11/02/2008 with C&D form of the society.
2. Action on reference dated Same as reply to Query No.1 21/02/2008.
3. Action taken by MCD DDA letter No record available. dated 01/08/2008
4. Action taken on reference of DDA A letter was sent to Jt. Director (B) L& I, DDA, Vikas letter dated 23/04/2008. Sadan, INA, New Delhi in regard to the provision of sanctioned building plan file/layout plan file of modern C.G.H.S Sector-15, Rohini, Delhi-110085 DATED 23/05/008 by then Executive Engineer (B)-II/Rohini Zone,however,no reply was said to received so far.
5. Action taken on MCD reference to A reply was said to be submitted by the society on the President/Secretary of the 11/02/2008 with C&D form of the society, further, Modern Cooperative Group however copy of the sanctioned building plan was not Housing Society Sector-15 Rohini submitted by the President of the Society. vide letter dated 21/01/2008.
6. Action taken on MCD letter There has been a mention of several letters addressed to addressed to DDA vide letter dated DDA, however, it was stated that no reply was received 19/03/3009 so far.
Grounds for First Appeal:
Reply not received from the PIO.
Order of the First Appellate Authority:
" It appears the Management is not concerned about the civic facilities to be provided to the residents of the society and the basement has become a nuisance.
The PIO who also happens to be the SE of building department as well as SE for the Maintenance department under whose jurisdiction the society is situated, is also present and he is, therefore, directed to take necessary action u/s 366 of the DMC Act against the management of the society and an action taken report be submitted to the undersigned with intimation to the Appellant so as to mitigate the problems being faced by the residents of the society."
Grounds for Second Appeal:
Unsatisfactory order passed by the FAA. Further, no information has been provided by the PIO till date as per FAA's order.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. P.P. Gupta on behalf of Mr. Chandersain Jain;
Respondent: Mr. R. K. Ailawadi, Public Information Officer & SE-II;
The Appellant has been trying to draw the attention of MCD to the fact that there is water collection and stagnation in the unauthorized and illegal basement of his building. The appellant has sought information about action taken on his various representations since the water stagnation has lead to breeding of mosquito which is also spreading dengue. The appellant has produced letters received form the office of the Chief Minister of Delhi, PGC and Health Department asking for action to be taken since last three years but MCD is unable and unwilling to act. It is a very peculiar case where the FAA instead of asking health department to take action appears to have given a direction to the building and maintenance department to take action under Section 366 of the DMC Act. The Executive engineer maintenance has taken a clear stand that no action under Section 366 of the DMC Act is tenable in the instant case. He has also pointed out that matter relates to public health since the stagnating water is breeding grounds for dengue mosquitoes. The Appellant shows a circular of MCD of 25/09/2009 by which the Municipal Health Officer has stated that Section 269 of IPC will be invoked where the negligent acts are uncovered which lead to propagation of mosquito breeding ground. In view of this the information needs of the appellant can only be met if the original letters and the RTI Applications are transferred to the health department. It is a very sad comment on the officers of MCD like the PIO and the FAA that this has to be spoon fed to them by the Information Commission.
Decision:
The appeal is allowed.
The PIO is directed to transfer the complaints and the RTI application to the PIO Health Department before 31 December 2009.
The PIO health department is directed to provide the complete information to the Appellant before 15 January 2010.
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 30 December 2009 (In any correspondence on this decision, mention the complete decision number.) (SP)