Central Information Commission
Vinay Bhasin vs North Delhi Municipal Corporation ... on 15 November, 2018
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
CIC/GAILD/A/2017/121610/NDMCE
CIC/NDMCP/A/2017/121613
CIC/NDMCP/A/2017/121612
CIC/NDMCE/A/2017/107714
CIC/NDMCP/A/2017/121611
CIC/NDMCH/A/2017/128360
Date of Hearing : 15.02.2018
Date of Decision : 15.02.2018
Date of Show Cause Hearing : 24.10.2018
Date of Decision : 08.11.2018
Appellant/Complainant : Dr. Vinay Bhasin
Respondent : PIO
Executive Engineer-(Building)/City-
S.P. Zone, NDMC
Through:- Mr. Mohd. Shakil-AE(B)
Information Commissioner : Shri Yashovardhan Azad
Case No. RTI filed on CPIO reply First appeal FAO
121610 05.10.2016 10.01.2017 18.12.2016 11.01.2017
121613 05.10.2016 10.01.2017 18.12.2016 11.01.2017
121612 30.09.2016 10.01.2017 18.12.2016 11.01.2017
107714 14.09.2016 26.09.2016 05.10.2016 11.01.2017
121611 05.10.2016 13.12.2016 18.12.2016 11.01.2017
128360 01.02.2017 27.02.2017 14.03.2017 30.03.2017
Since the parties in all of the above cases are common, the matters are
clubbed for the purpose of effective adjudication
Information soughtand background of the case:
CIC/GAILD/A/2017/121610/NDMCE CIC/NDMCP/A/2017/121613 CIC/NDMCP/A/2017/121612 Vide RTI applications dated 05.10.2016, the appellant sought Action Taken on various complaints, viz.:-
1. Action taken on complaint no. 3024 dated 06.06.2016 registered with the office of the Dy. Commissioner SP Zone (NDMC)
2. Action taken on complaint no. 5530 dated 02.08.2016 registered with the office of the Dy. Commissioner SP Zone (NDMC)
3. Action taken on complaint no. 6583 dated 29.08.2016 registered with the office of the Dy. Commissioner SP Zone (NDMC) CPIO vide letter dated 10.01.2017 furnished reply received from the concerned as under:-
1. to 6 - Reason/clarification/redressal of grievance does not come under RTI Act. However, you can contact office of the EE(B)/SPZ for redressal of your grievances on any working day during the office hours. Unauthorized construction booked by the department and action taken on unauthorised construction is already available on website on North DMC.
Dissatisfied with response received from PIO, the appellant filed a First Appeal. The FAA vide letter dated 11.01.2017 directed the PIO to furnish the amended reply to the appellant within 10 days. In compliance of FAO, the EE(Bldg.) furnished the information from concerned JE(B) and AE(B) vide letter dated 01.02.2017 granting another opportunity to the appellant to conduct inspection of the records on 07.02.2017 between 2pm and 5pm. Feeling aggrieved and dissatisfied, the appellant approached the Commission.
CIC/NDMCE/A/2017/107714 Vide RTI application dated 14.09.2016, the appellant sought information regarding construction on ground floor in 1796, Wazir Singh Street and legality thereof including whether building plan was duly sanctioned, date of sanction of the same, name of the owner/landlord of the same and other related information. The PIO, EE (B)/SPZ vide letter dated 26.09.2016 furnished the information received from his concerned subordinates viz. JE and AE(B) as under:-
1, 3, 4, 5 and 6. No such record/information against P.No. 1796, Wazir Singh Street, by this office.
2. No building plan has been sanctioned of the said property. Dissatisfied with response received from PIO, the appellant filed first appeal. FAA vide letter dated 11.01.2017 directed the PIO to furnish the amended reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO, the appellant approached the Commission.
CIC/NDMCP/A/2017/121611 CIC/NDMCH/A/2017/128360 Vide RTI application dated 05.10.2016, the appellant sought information about unauthorized, illegal construction taking place at 1796, Wazir Singh Street Chuna Mandi, Pahar Ganj, ND-55. The PIO vide letter dated 13.12.2016 furnished the information received from his concerned subordinates as under:-
1. The requisite information does not come under purview of RTI Act.
2 to 4 - Concerned area JE/AE inspected the site and property has been booked against u/c by this office as per DMC Act.
5. As per available record for the said property name of Sh.
Pankaj Jain booking for unauthorized construction under Section 348, 349 of DMC Act.
6. 7, 8 & 10. - The property has been booked against unauthorised construction vide file no. 247/B/UC/SPZ/16 dated 21.07.2016 as U/c in the shape of Entire GF and raising of walls at First floor & again booked vide file no. 362/B/UC/SPZ/16 dated 03.11.2016 as in continuation of earlier booking no. 247/B/UC/SPZ/16 dated 21.07.2016, further U/c of FF, SF & 3rd Floor.
9. Yes.
Dissatisfied with response received from PIO, the appellant filed first appeal. FAA vide letter dated 11.01.2017 upheld the reply of PIO. Feeling aggrieved as dissatisfied with FAO, the appellant approached the Commission.
Relevant facts emerging during the hearing:
Both parties are present for hearing. Appellant states that he resides in Paharganj and in his adjoining building, an unauthorised construction was being raised on the top floor without demolishing and strengthening the ground floor and base of the construction. Since this was rendering the whole building dangerous, the appellant complained about the same before the responsible civic authorities. Between June to September 2016, though the appellant complained several times and brought it to the notice of the Respondent civic authorities, no action was taken by the Respondent, deliberately. In fact another building next to the actual property which is rendered hazardous due to unauthorised construction, was booked as a consequence of the appellant's complaints.
The Respondent states that he has no information about the matters for which he is appearing today, since he was not the official at the relevant point of time.
The reply of the erstwhile PIO/EE(B), SPZ when perused in conjunction with the FAA/Dy. A&C's order, reveal substantial disparity of information. While the Office of the EE(B)/SPZ informed that the property in question has no sanctioned building plan and has been booked in the name of Sh. Pankaj Jain, the FAA/Dy. A&C, SPZ's order on the other hand reveals contradictorily that ground floor of the property is assessed in the name of Smt. Geeta Aggarwal w/o Sh. Ghanshyam Aggarwal and partly in the name of Smt. Veena Aggarwal w/o Sh. Chander Prakash Aggarwal; first floor is assessed in the name of Sh. Suresh Kumar Nagpal and Second Floor assessed in the name of Smt. Jyoti Nagpal w/o Sh. Suresh Kumar Nagpal. Thus evidently the responses of the PIO and the FAA are contradictory and unreliable.
Decision After perusal of the records of the case and hearing the detailed arguments of the parties, the Commission deems it necessary to refocus the queries of the appellant for effective adjudication of the cases. The germane issue sought to be agitated by the appellant through all the five appeals is about raising of unauthorised construction on the rooftop of the building adjoining to his property, without appropriate strengthening of the construction as such. On the basis of the averments of the case, the refocused queries should be aimed at the following:
i) how raising of the unauthorised construction was allowed and went on unhindered despite repeated complaints by the appellant;
ii) what action has been taken after booking of the property number 1796, Wazir Singh Street, Paharganj, Delhi on 03.11.2016 for unauthorised construction having no sanctioned building plan.
iii) how can occupancy of a hazardous building bearing no sanctioned building plan be permitted and why no action has been taken in this regard.
The Commission directs the Respondent PIO/EE(B), Sadar Pahar Ganj Zone to provide a Revised Reply to the appellant addressing the three aforesaid refocused queries as noted above.
The Respondent is represented by Mohd. Shakil who reiterates his ignorance about the matter during the hearing. The Commission finds deputing such an official for attending any hearing renders the entire hearing ineffective and infructuous, since the concerned official is not equipped with any facts and data about the cases at hand. Instead of being of any assistance officers ignorant about the facts of the case simply waste the judicial time. The Commission directs Registry of this Bench to mark a copy of this order to the Commissioner, North Delhi Municipal Corporation in order that as a matter of policy, only responsible and competent officials briefed completely about the facts of the cases are deputed for attending any judicial or quasi judicial proceedings so as not to waste precious time of the Court.
The then PIO/EE(B), SPZ Sh. A K Dixit and the FAA/Dy. A&C Dept., SPZ are also directed to explain the contradiction in their responses about ownership of the property in question. The explanation should reach the Commission within two weeks of receipt of this order, failing which penal action shall be initiated against the defaulter.
The appeals are accordingly disposed of.
Show Cause Hearing: 24.10.2018
1. The Commission received an application dated 19.04.2018 from the appellant complaining about non compliance of the Commission's directions. Accordingly Notice for Non compliance dated 01.08.2018 was issued upon the PIO/Dy. A&C/K B Zone and PIO/EE(B)/City S P Zone.
2. Meanwhile a communication dated 18.04.2018 was received from the Dy. Assessor & Collector, City S P Zone whereby it was informed that "..as the area of Pahar Ganj has been transferred to Karol Bagh Zone and accordingly the assessment file of said property has been transferred to office of Dy. A&C/Karol Bagh Zone..."
3. A response dated 14.08.2018 was received from Sh. Manoj Kumar- EE(B)-I, City S P Zone which reveal, inter alia that "...Building Department, City-SP Zone sent all original record alongwith the orders of Hon'ble CIC dated 15.02.2018 to EE(Building) Karol Bagh Zone, because the property in question is under the jurisdiction of Karol Bagh Zone with the request to comply the direction of CIC."
4. The Commission is in receipt of a communication dated 16.08.2018 from Sh. A K Dixit, Suptdg. Engineer (Lab), North DMC whereby he has explained the following facts:
"Sir since July 2017 I have been promoted and posted to some other places, presently working as SE (Lab). The Paharganj ward as per new delimitation of ward has been shifted to Karol Bagh Zone in August 2017. The complete record of building department Sadar Pahar Ganj Zone has also been transferred to Karol Bagh Zone.
That a dangerous notice and vacation notice were issued under section 348 & 349 of DMC act in property no. 1796, Wazir Singh Street, Pahar Ganj, Delhi by building department, Sadar Pahar Ganj.
That as per procedure the unauthorised construction is booked either in the name of builder or owner, who is constructed the building. During inspection, the area JE detects the construction at site and from the local enquiry whatever the name disclosed by labourers/neighbourers, JE submits the first information report to Assistant Engineer. The Assistant Engineer then issues the show cause notice under section 343 & 344 of DMC act. If response of show cause notice is not received then ownership remains unverified and further actions continues in the previous mentioned names of builder in the booking.
In compliance of FAO, the EE(Bldg.) furnished the information from concerned JE(B) and AE(B) vide letter dated 01.02.2017 granting another opportunity to the appellant to conduct inspection of the records on 07.02.2017 between 2pm and 5 pm. That R.T.I. application might have forwarded to House Tax also, and there from FAA, applicant might received information with respect to available assessment record of P.No. 1796 Wazir Singh Gali. The ownership in the House Tax, assessment record also changes time to time according to New Registered deeds from sub registrar office.
So this is pertinent to mention here that the name mentioned in the unauthorised construction booking, may be different from available House Tax record. It is as per the current and prevailing situation/circumstances of the site."
5. The Dy. A&C/CSP Zone has also submitted a letter dated 20.09.2018 providing the following information about the property in question, as follows:
1. GF-assessed/mutated vide no.1484 Dated 1/3/1997 in the name of Smt. Geeta Aggarwal W/o Sh. Ghanshyam Aggarwal.
2. GF (part)-assessed/mutated in the name of Smt. Veena Aggarwal W/o Sh. Aggarwal vide No. 1483 Dated 1/3/1997.
3. FF has assessed/mutated in the name of Sh. Suresh Kumar Nagpal S/o Late Sh. Roshan Lal Nagpal vide No. 1482 Dated 1/3/1997.
4. SF and TF assessed in the name of Smt. Jyoti Nagpal vide letter No. 251 Dated 20/5/2016 and SF mutated vide No. 1481 dated 1/3/1997.
6. Pursuant to the above submissions, the Appellant submitted yet another non compliance application dated 27.08.2018, wherein he has raised objections about the veracity of the information provided so far by the Dy. A&C, CSP Zone. The Commission issued a Show Cause Notice dated 03.10.2018 upon Sh. K K Dhiran - PIO/EE(B), Karol Bagh Zone since the property in question had fallen within the jurisdiction of Karol Bagh Zone, as informed by EE(B), CSP Zone.
7. Show Cause hearing was held on 24.10.2018, when the Notice Sh. K K Dhiran was not present. Instead, one Mr. Kumar Mahendra -
EE/B/KBZ was present for the hearing and informed the Commission that Sh. K K Dhiran was no longer the PIO/EE/B/KBZ and had been put on suspension since 15.02.2018. Sh. Kumar Mahendra held the charge of PIO/EE(B)/KBZ currently and tendered unconditional apology for not being prepared with reply of the Show Cause during hearing held on 24.10.2018. He sought a week's time to furnish reply and information about the property in question.
DECISION: 08.11.2018 In the light of the aforementioned submissions received from the officials viz. the Dy. A&C/CSP Zone and the then PIO/EE(B)/KBZ -Sh. A K Dixit, it has transpired that the available information had been provided for inspection to the appellant in 2017 itself. Explaining the cause of contradiction in the name/s of owner of the premises as per booking notice and the name of the actual owner as per house tax records, the then PIO Sh. A K Dixit has stated that assessment record changes from time to time according to New Registered deeds from sub registrar office and hence the name mentioned in the unauthorised construction booking, may be different from available House Tax record. It is as per the current and prevailing situation/circumstances of the site." The Commission further notes that the then PIO/EE(B)/KBZ is currently under suspension and the current PIO - Sh. Kumar Mahendra has sought time to furnish the necessary information.
Considering the above submissions, it is noted that only available can be furnished by the respondent, cross examination of the veracity thereof and implication of the information, as sought to be done by the appellant vide his application dated 27.08.2018 cannot be entertained under the RTI Act.
Therefore, in the facts and circumstances of the case, as have arisen from the above discussion, the Commission directs Sh. Kumar Mahendra, the current PIO/EE/B/KBZ to furnish the information with respect to the property in question viz. 1796, Wazir Singh Street, particularly about action taken pursuant to the dangerous and vacation notice issued by the by building department, Sadar Pahar Ganj Zone. Sh. Kumar Mahendra, the current PIO/EE/B/KBZ shall submit a compliance Report before the Commission by 19.11.2018, upon serving the necessary information upon the Appellant.
(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