Central Information Commission
Mrs.Vidya Vati Gulati vs Mcd, Gnct Delhi on 23 August, 2013
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Complaint: No. CIC/DS/C/2013/000167
Appellant /Complainant : Mrs. Vidya Vati Gulati, New
Delhi
Public Authority : South Delhi Municipal
Corporation,Central Zone,Delhi
(Shri Vikas Gupta, AE(B), Sh. Rakesh
Kumar, UDC)
Date of Hearing : 23 August 2013
Date of Decision : 23 August 2013
Facts:
1. Smt. V. V. Gulati, Senior Citizen, submitted RTI application dated 25 April 2013 before the CPIO, South Delhi Municipal Corporation, New Delhi seeking details regarding two RTI replies dated 18/01/2011 and 12/13/2012 provided by the Public Authority to the owner of the GF L3, Kailash Colony, New Delhi along with the inspection report dated 17/06/2010 as mentioned thereto.
2. Vide CPIO's Order dated 10 May 2013, only copy of the inspection report was provided to the Complainant.
3. Being aggrieved and not being satisfied by the above response of the public authority, the appellant preferred complaint before the Commission.
4. Matter was heard today. Both parties as above appeared in person and made submissions.
Decision notice
5. After hearing both parties Commission directs as follows:
CPIO is directed to provide attested photo copies of pages 165 - 172/N from file no. 20/CC/B/CZ/10 dated 8 March 2010. These pages contain information regarding Complaint: No. CIC/DS/C/2013/000167 measurements of the appellant's property. CPIO will also inform the appellant regarding the date on which the measurements were taken and placed on record.
6. Appellant has submitted copy of letter no.D/27B/AE (Bldg)
- I/Central Zone/2009 dated 21 May 2009 signed by the AE (Bldg) - I, Central zone, Lajpat Nagar, New Delhi in which it is stated in respect of property no. L - 3 (second floor) - Kailash colony, New Delhi that, "regularisation plan submitted by you does not tally with the construction actually existing at site since the compoundable area existing at the site at present is exceeding the compoundable area which has been shown in the regularisation plan submitted and got regularised by you under the selfassessment scheme. This has resulted into depositing of the deficient amount on account of regularisation of above property by you. You are therefore required to deposit and amount of Rs 278,124/- as deficient amount on account of regularisation charges." CPIO is directed to provide the list of areas which were in excess of the compoundable area along with the specific sections under the selfassessment scheme which allows for regularisation of the areas exceeding the compoundable area.
7. Appellant has drawn the attention of the Commission to letter no. 1476/EE (B)/Cent. Zone/2011, dated 18 January 2011 ( copy placed on record) addressed to the husband of the appellant in which it is stated that, "during inspection on both the occasions it was found that there are no non compoundable deviations in the existing building, which existed was compoundable as per prevalent norms contained in MPD - 2021. Compounding fee for the compoundable deviations in P. No. L -3, Kailash Colony, New Delhi have been deposited with the MCD and completion certificate has also been issued for the building at the reference." Further, appellant has drawn the attention of the Commission to letter no. 660/EE (B)/RTI/Cent.Zone/2012 dated 12 July 2012 signed by the AE (B) -IV/CNZ in which it is stated that "it is informed that as per record, this office has not compounded any non compoundable deviations in building no.L -3, Kailash Colony, New Delhi.
Complaint: No. CIC/DS/C/2013/000167
8. In the context of the three aforementioned letters referred to above, Commission directs the CPIO to ascertain the exact position regarding whether there were any non compoundable deviations in building no. L -3, Kailash Colony New Delhi and if so to provide the details thereof to the appellant along with a copy of the rules under which the said noncompoundable deviations were regularised after charging the prescribed fee.
9. Finally, the appellant has submitted before the Commission, a copy of letter no. D/SE (C) - I/EE (B) - I/ APIO
- I/CNZ/2010/1101/RTI, dated 14 March 2011 vide which the husband of the appellant had been provided with a copy of the completion certificate issued in respect of property no. L -3, Kailash Colony, New Delhi along with enclosure. It is noted by the Commission that the appellant has in fact not been provided with a copy of the completion certificate but has instead been provided with a copy of the Adhibog Praman Patra (Occupancy Certificate) which are in fact to separate documents. Now it is directed that the CPIO will provide to the appellant and attested photocopy of the Completion Certificate issued in respect of the aforementioned property.
10. The above information may be provided to the appellant within two weeks of receipt of the order. The appellant, who is a senior citizen will be provided this information by registered post. Keeping in view the age of the appellant, CPIO is directed to ensure that specific and complete information is furnished to her and any failure to implement these directions will attract penalty.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to: Complaint: No. CIC/DS/C/2013/000167
1. Mrs. Vidya Vati Gulati House No. L3, Kailash Colony New Delhi110048
2. The CPIO Executive Engineer(Bldg.I)/Central Zone South Delhi Municipal Corporation Building Department/Central Zone Zonal Office Building, Lajpat Nagar, New Delhi110024 Complaint: No. CIC/DS/C/2013/000167