Central Information Commission
Vijay Pal vs Mcd on 14 July, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/NDMCL/A/2017/194270
F. No. CIC/YA/A/2016/002387
F. No.CIC/SA/A/2016/001937
F. No.CIC/DIRED/A/2017/194272
Date of Hearing : 12.07.2017
Date of Decision : 12.07.2017
Appellant/Complainant : Vijay Pal
Respondent : 1. Executive Engineer- (Bldg-
II)/CLZ, North Delhi Municipal
Corporation Building-II
Department.
2. First Appellate Authority under
RTI Superintending Engineer-II/
CLZ, North Delhi Municipal
Corporation.
3. Executive Engineer-(Bldg)/HQ,
North Delhi Municipal
Corporation
4. Executive Engineer-(Engg.)/HQ.,
North Delhi Municipal
Corporation, Engineering
Department
Through: Sanjeev Dara-AE(B);
Sh. P Syal & Mrs. Meena Kumari
- Principal , Mrs. Meenu
Goswami - DDE, Zone 9
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
Case No. Filed on PIO reply First Appeal FAO
002387 15.04.2016 07.06.2016 23.05.2016 18.07.2016
194270 15.04.2016 07.06.2016 07.09.2016 18.07.2016
001937 15.04.2016 01.06.2016 23.05.2016 01.07.2016
194270 03.08.2016 03.09.2016 16.09.2016 29.09.2016
Since the captioned appeals have been filed by the same appellant and
involve similar queries, they are clubbed for the purpose of adjudication
Information soughtand background of the case:
CIC/NDMCL/A/2017/194270 CIC/YA/A/2016/002387 Vide RTI application dated 15.04.2016 the appellant sought following information:
1. Information about how many complaints/intimation received against the illegal construction of buildings carried out by Sant nirankari mandal at khasra no 132,133,134,135,137,138 of village Dhirpur known as Avtar Park Sant Nirankari Colony, Delhi. Information to be provided whether the construction was carried out illegally or after obtaining sanction plan, if any sanction plan approved by the department, provide the copy of order.
2. Details about the procedure for booking of building of unauthorised construction and sealing.
3. Details about the action taken by the department upon the complaint and reason for non- booking of property as illegal construction was taken out.
4. Detail (name, mob no., residence address, date of posting and tenure of service) of Executive Engineer, AE & JE of building department who looked into the area of Civil Line Zone ward 13 Dhirpur Delhi.
5. Detail of how many times above mentioned officials (EE, AE, JE, MET etc. Of building department of S.P. Zone) declare the assets as per guidelines issued by Ministry of DOPT and office order issued by MCD as per CCS rules.
6. How many complaints received by the department in the area of Dhirpur and Nirankari Colony for illegal construction and against the officers depute in the area; also the detail of list and Sr. No., name and address of the complainant and to whom the property no. complaint was received.
CPIO reply dated 07.06.2016 information asked in point no. (i), (iv) and (vi) was provided by him. Information asked in point no. (ii), (iv) was transferred to the concerned departments. In reply to point no (iii) CPIO stated that the asked information cannot be provided. Dissatisfied with the reply received from CPIO, the appellant approached the First Appellate Authority dated 23.05.2016. FAA by Order dated 18.07.2016 advised appellant to contact the PIO, EE (Bldg-II) in his office on 28.07.2016 for inspection of records. The PIO was directed by this order to provide the necessary assistance to the appellant and provide him copies of information/ record after following provisions of RTI Act. Dissatisfied with the FA Order the appellant approached the Commission.
Relevant facts emerging during hearing:
Both parties are present for hearing and appellant states that he sought information about unauthorised construction in a public park. Despite clear direction by the FAA, inaction on the part of the Respondent is evident. The Respondent states that subject matter of encroachment does not fall within their jurisdiction and hence this application was transferred to the PIO, HQ.
Decision:
After hearing parties and perusal of record, the Commission directs the Respondent to obtain the necessary information from actual custodian of information and provide the Current Status of the unauthorised construction, to the appellant within three weeks of receipt of this order, under intimation to the Commission. The PIO shall also submit his explanation before the Commission, as to why no penal action should be initiated against him for the failure to act in accordance with the specific directions of the FAA, within two weeks of receipt of this order.
CIC/SA/A/2016/001937 Vide RTI application dated 15.04.2016 the appellate sought following information:-
1. Information about bridge situated in front of police post and adjacent to Yog Raj colony left side/ way of Sankalp Bhawan. Detail whether construction carried out was illegally or after obtaining sanction plan, if any sanction approved by the department provide the copy of order.
2. Details about the tender no. and executing agency name who carried out the said work and cost occurred came from which head.
3. Detail about the department official names of EE, AJ, JE under whose supervision the said work is carried out.
4. Detail about the Nalla and Shah lam bandh from water treatment plant coronation pillar to Nirankari colony bandh which year its width of bandh was short in front of yog raj colony and Nirankari sarovar complex. Further Nirankari mandal paid for passage taken by them in Nirankari sarover, its actual position.
5. How many complaints received by the department in the area of Dhirpur and Nirankari Colony for illegal construction.
CPIO informed by reply dated 01.06.2016 stating that the applicant has to deposit Rs. 124/- (62 Nos x Rs. 2) for photocopy charges with respect to information on points No. 1&2.
Dissatisfied by the reply received from the CPIO dated 01.06.2016 the appellant approached the First Appellate Authority with appeal dated 23.05.2016. FAA by Order dated 01.07.2016 rejected the appeal due to absence of appellant. Feeling aggrieved the appellant approached the Commission dated 04.08.2016.
Decision In view of submissions and perusal of records, the Commission directs the PIO, irrigation and Flood Control Department, to provide a Revised reply explaining the current status with respect to the bridge situated in front of police post, as referred in the RTI Application, within two weeks of receipt of this order.
In the event that information sought is available with some other custodian of information, the relevant information shall be obtained invoking Section 5(4) of the RTI Act and provided to the appellant within four weeks of receipt of this order. A compliance Report of this order shall be submitted positively by 30th August 2017.
The PIO is absent from the hearing and no explanation has been submitted by him for non furnishing of complete information against the RTI application. Accordingly, the PIO, Irrigation and Flood Control department, GNCTD is directed to explain why no penal action should be initiated against him for causing obstruction in flow of information and violation of the provisions of the RTI Act.
CIC/NDMCL/A/2017/194272 The appellant filed RTI application on 03.08.2016 sought information as to when was the School Sant Nirankari Sr. Sec. School and Sant Nirankari Public School registered with the Educational Directorate Delhi & room area of the school. Maps were submitted by the said school for recognition, Name of the Governing body of the said schools. The CPIO replied on 03.09.2016 as under:-
1. Sant Nirankari Public School Recognized dated 24.04.2016 and Room area are 19.6" x 19.9".
2. No record available
3. Copy of map enclosed.
4. No record available in this office.
Dissatisfied with the response received from CPIO, the appellant filed first appeal. The FAA vide letter dated 29.09.2016 disposed of the appeal holding that the copy of the map has been provided to the appellant during the hearing while rest of the information already provided to the appellant. Feeling aggrieved, the appellant approached the Commission. Relevant facts emerging during hearing:
The appellant appeared during the hearing and the Principal of the Schools concerned alongwith Dept of Education were duly represented. The parties reiterated their respective contentions.
Decision:
After hearing the submissions of the parties and perusal of records, the Commission hereby directs the PIO, Dept of Education to obtain information against the queries number 2 and 4 as controlling authority over the schools and provide the same to the appellant within two weeks of receipt of this order.
The appeals are disposed of with the above directions.
(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:-
VIJAY PAL Executive Engineer-(Bldg.-II) /
S/o. Shri Mahender Pal, House CLZ,
No. : 5/124, NIRANKARI North Delhi Municipal Corprn
COLONY. New Delhi - 110009 Building-II Department, Civil
Line Zone, Zonal Office Building,
3rd Floor, 16, Rajpur Road,
Delhi-110054.
First Appellate Authority under Executive Engineer-(Bldg) / HQ.,
RTI North Delhi Municipal
Superintending Engineer-II / Corporation, Building
CLZ, North Delhi Municipal Department, Headquarters, 8th
Corporation Civil Line Zone, Floor, E-Wing, Dr. S.P.M.
Zonal Office Building, 3rd Floor, Civic Centre, Minto Road, New
16, Rajpur Road, Delhi-110054. Delhi-110002. Executive Engineer-(Engg.) / Executive Engineer-(Bldg.-
HQ., II)/CLZ, North Delhi Municipal North Delhi Municipal Corporation, Engineering Corporation, Building-II Department, Headquarters, Dr. Department, Civil Line Zone, S.P.M. Civic Centre, Minto Zonal Office, 3rd Floor, 16,
Road, New Delhi-110002. Rajpur Road, Delhi-110054.
First Appellate Authority under Executive Engineer-(Bldg) / HQ., RTI North Delhi Municipal Superintending Corporation, Building Engineer-II/CLZ, North Delhi Department, Headquarters, 8th Municipal Corporation, Civil Floor, E-Wing, Dr. S.P.M. Line Zone, Zonal Office, 3rd Civic Centre, Minto Road, New Floor, 16, Rajpur Delhi-110002. Road, Delhi-110054. Executive Engineer-(Engg.) / Superintending Engineer-FC-I & HQ., PIO, North Delhi Municipal Department of Irrigation & Corporation, Engineering Flood Control (Government of Department, Headquarters, Dr. NCT of Delhi), Flood S.P.M. Civic Centre, Minto Circle-I, L. M. Bund Office
Road, New Delhi-110002. Complex, Shastri Nagar, Delhi-110031.
First Appellate Authority under Public Information Officer-SW-I & RTI PIO, O/o. the Chief Department of Irrigation & Engineer-(I&FC), Department Flood Control (Government of of Irrigation & Flood NCT of Delhi), Flood Control (Government of NCT of Circle-I, 1st Floor, L. M. Delhi), Flood Circle-I, L. Bund Office Complex, Shastri M. Bund Office Nagar, Delhi-110031. Complex, Shastri Nagar, Delhi-110031.
Executive Engineer-Civil Div.-X First Appellate Authority under & PIO, RTI Department of Irrigation & O/o. the Regional Director of Flood Control (Government of Education-North, Directorate NCT of Delhi), Civil of Education (Government of Division-X, L. M. Bund Office NCT of Delhi), S.V. Co-Ed.
Complex, Shastri Nagar, Sr. Secondary
Delhi-110031. School, FU-Block,
Pitampura, New Delhi-110034.
Public Information Officer-NW-A,
O/o. the Deputy Director of
Education/NW-A, Directorate
of Education (Government of
NCT of Delhi), North
West-A, BL-Block, Shalimar
Bagh, Delhi-110088.