Central Information Commission
Nitin Soam vs North Delhi Municipal Corporation ... on 4 May, 2021
Author: Heeralal Samariya
Bench: Heeralal Samariya
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीयअपीलसं या / Second Appeal No.: CIC/NDMCR/A/2019/143939
Nitin Soam .....अपीलकता/Appellant
VERSUS/बनाम
Public Information Officer under RTI,
Engineer-(Bldg.-I)/Rohini Zone,
North Delhi Municipal Corporation, Building-I Department,
Rohini Zone, Sector-5, Rohini, Delhi-110085.
... ितवादीगण/Respondent
Relevant facts emerging from appeal:
RTI application filed on : 08.04.2019
CPIO replied on : 03.05.2019
First appeal filed on : 04.06.2019
First Appellate Authority order : 24.06.2019
Second Appeal received at CIC : 15.09.2019
Date of Hearing : 03.05.2021
Date of Decision : 03.05.2021
lwpuk vk;qDr :Jh हीरालाल साम रया
INFORMATION COMMISSIONER:Shri Heeralal Samariya
Information sought:
The Appellant sought information on 38 points is as under:
1. Kindly provide the Self attested reply that the compliance of Section 346 of DMC Act is mandatory or not.
2. Kindly provide the certify reply that it is the responsibility of the building department, to verifying the fact "that before occupying the building after construction completed by the owner he/she has complied with the provision of the section 346 of DMC Act or not.
3. Kindly provide the certify reply that as per DMC Act, there is any remedy / provision / action available with the building department against the Page 1 of 9 owner/Builder who has not complied with the provision of the section 346 of DMC Act or not.
4. Kindly provide the complete attested/certified copy of records 12-09-2017 till 07-04-2019, where details of properties of Rohini Zone, North MCD maintained, in which owner/builder have complied with the provisions of Section 346(1) of DMC Act before occupying the properties.
5. Kindly provide the attested/certify copy of records w.e.f 12.09.2017 till 07.04.2019, where details of the properties of Rohini Zone, North MCD is maintained in which owner have not complied with the provisions of Section 346(1) of DMC Act & occupied their property.
6. Kindly provide the attested copy of all the Notices issued U/s 349 of DMC Act by the building department, Rohini zone, North MCD w.e.f. 12-09-2017 tit! 07-04-2019.
7. Kindly give the attested copy of reply that in building department particularly who is authorized responsible/liable as per DMC Act, for taking action against the owner / builder and architect for their act of noncompliance of section 346 of DMC Act.
8. Kindly provide the attested copy of all the completion certificate issued by the competent authority of North MCD, w.e.f 12-09-2017 till 07-04-2019, in respect of properties falls under the jurisdiction of the Rohini Zone, North MCD.
9. Kindly provide the certified copy of joining & relieving report / letter of Sh.
V.K.Gupta (S.E), Sh. S. P. Dabas (A.E.), Sh. N. C. Meena (J.E), sh. Yashpal Rana (J.E), Naveen Kumar (J.E) & Vinnod Bansal (A.E) in Building Department, Rohini zone, North DMC.
10.Kindly provide the certified copy of record in which distribution of wards & works of A.E. & J.E. of building department, Rohini Zone is maintain W.e.f 12.09.2017 till 08.04.2019.
11.Kindly provide the Certified copies of the following registers / records maintained by the Building Department, Rohini zone, North MCD, w.e.f 12- 09-2017 tilt 08-04-2019.
(a) Demolition Register.
(b) Court Cases Register.
(c) Building Regularization Register.
(d) Mishal Band Register.
(e) Sanctioned Plan Register.
(f) Sealing Register.
(g) Building Watch Register
(h) Regularization Register.
12. Kindly Provide the certified copies of the record in which the entry of the following actions were maintained by the building department, Rohini Zone, North DMC, w.e.f 12-09-2017 till 07-04-2019.
(a) Demolition action,
(b) Regularized Building record,
(c) Booking of illegal construction,
(d) Issuance of Sanctioned building plan, Page 2 of 9
(e) Sealing action,
(f) Court Cases record
(g)Mishal Band Register
(h) Building Watch Register.
14. Kindly provide the attested copies of details of properties along with complete address and title to whom Show Cause Notice has been issued by the building department, Rohini zone, North MCD in respect of illegal & unauthorized construction in the shape of deviation & excess Coverage against sanctioned building plan & projections on municipal land w.e.f 12.09.2017 till 07.04.2019.
15. Kindly provide the attested copies of all the Show Cause Notices issued by the Building department, Rohini zone, North MCD in respect of illegal & unauthorized construction in the shape of deviation & excess Coverage against sanctioned building plan & projections on municipal land w.e.f 12-09-2017 tilt 07-04-2019.
16. Kindly provide the attested copies of details of properties along 'with complete address and title in which Demolition Order under section 343(1) of the DMC Act, 1957 has been passed by the Building department, Rohini Zone, North MCD in respect of illegal & unauthorized construction in the shape of deviation & excess coverage against sanctioned building plan & projections on municipal land w.e.f 12-09-201T till 07-04-2019.
17. Kindly provide the certified copy of complete procedure / policy / terms & mandatory condition as per DMC ACT or any other rules of MCD, in respect of demolition action to be follow by the building department, after passing demolition order, as per the DMC Act, 1 957.
18 Kindly provide the attested copies of details of properties along with complete address and title in which Show Cause Notices of Sealing, has been issued by the Building department, Rohini Zone, North MCD against illegal & unauthorized construction in the shape of deviation & excess Coverage against sanctioned building plan & projections on municipal land w.e.f 12-09-2017 till 07-04-2019.
19 Kindly provide the attested copies of all Show Cause Notices of sealing issued by the Building department, Rohini Zone, North MCD, against illegal & unauthorized construction in the shape of deviation & excess Coverage against sanctioned building plan & projections on municipal land w.e.f 12-09-2017 till 07-04-2019.
20. Kindly provide the details of properties along with complete address and title in which sealing order has been passed by the Deputy commissioner / Competent Authority / concerned officer of Rohini Zone, North MCD under section 345-A of the DMC Act, 1957, against illegal & unauthorized construction in the shape of deviation & excess Coverage against sanctioned building plan & projections on municipal land w.e.f 12-09-2012 till 07-04-2019.
21. Kindly provide the attested copies of all sealing orders which been passed by the Deputy commissioner/competent authority/concern officer of Rohini Zone, North MCD under Section 345-A of the DMC Act, 1957 against illegal & Page 3 of 9 unauthorized construction in the shape of deviation & excess Coverage against sanctioned building plan & projections on municipal land w.e.f 12-09-2017 till 07-04-2019.
22. Kindly provide the certified copy of complete procedure / policy /terms & mandatory condition for sealing action to be follow by the building department, after passing Show cause notice of Sealing, in respect of illegal & unauthorized construction/deviation/projections on municipal land/excess coverage, as per the DMC Act, 1957.
23 Kindly provide the certified copy of complete procedure / policy /terms & mandatory condition as per the DMC Act, 1957 in which it is clarified that which portion / part of building is to be seated under section 345-A, after passing Show cause notice in respect of illegal & unauthorized construction/deviation/projections on municipal land/excess coverage.
24. Kindly provide the details of all the court cases which are pending, decided & remanded back by the Hon'ble ATMCD, Tis Hazari courts, Delhi, along with case title, case number, last date & next date of hearing, filed by owners of the properties against the demolition orders issued by the building department, Rohini zone, North MCD w.e.f 12-09-2017 till 07-04-2019.
25. Kindly provide the details of court cases which are pending, decided & remanded back by the Hon'bte ATMCD, Tis Hazari courts, Delhi, along with case title, case number, last date & next date of hearing, filed by the owners against the sealing orders passed by the Deputy commissioner / competent authority / concern officer of the Building Department, Rohini Zone in respect of unauthorized construction in which sanctioned plan was passed by the building department i.e., other than the matters which comes under the care of monitoring committee, w.e.f 12-09-2017 till 07-04- 2019,
26. Kindly provide the attested Copies of all the Status Reports filed by building department, Rohini zone, North MCD, in all the court cases i.e. decided, pending & remanded back of Hon'ble ATMCD, Tis ' Hazari courts, Delhi, w.e.f 12-09-2017 till 07-04-2019.
27. Kindly Provide the Certified copies of all the complaints received in building department, Rohini Zone, w.e.f. 12-09-2017 to 07-04-2019, except the complaints of C-288, Prashant Vihar, Rohini, Delhi-110085 & Made by Sh. Nitin Soam.
28. Kindly provide the certified copy of diary register w.e.f. 12-09-2017 to 31
-07-2018, of Building Department, Rohini Zone, North MCD.
29. Kindly provide the certified copy of action taken report & reply submitted against each complaint received in building department, Rohini zone, North MCD w.e.f 12-09-2017 to 07-04-2019.
30. Kindly provide the attested copy of the details of all the property with full address & Title which were regularized by the building department, Rohini zone, North MCD, after giving show cause notice / booking the property for unauthorized construction, excess coverage against sanctioned building plan, projections on municipal land w.e.f 12-09-201T till 07-04-2019.
31. Kindly provide the attested copy of the details of property with full address & Title which were regularized under self-regularization scheme, by the Page 4 of 9 building department, Rohini zone, North MCD, after giving show cause notice / booking the property for unauthorized construction, excess coverage against sanctioned building plan, projections on municipal land w.e.f 12-09-2017 till 07-04-2019.
32. Kindly provide the attested copies of the details of the Architect with full details i.e. Name, Address, Mobile number, office Number & their license/registration numbers, who has regularized the properties mentioned on question no.31, Under self-regularization scheme w.e.f 12-09-2017 till 07-04- 2019.
33. Whether any complaint/information was made/given by anyone in respect of PROPERTTES BEARTNG No. B-269, B.261, B-267, B277, C.273 ALL ARE OF PRASHANT VIHAR, ROHINI, DELHI. 110085, regarding illegal construction / unauthorized construction in the shape of deviation against sanction building plan, excess coverage beyond sanction plan, and projection on govt. land, in your office from 01-01-2016 till 31-05-2016. If yes, then kindly provide the certified copies of all the complaints/information.
34. What action has been taken by building department against PROPERTIES BEARING NO. B-269, B.261, B-267, B277, C.273 ALL ARE OF PRASHANT VIHAR, ROHINI, DELHI. 110085 & C.40 ALL ARE OF PRASHANT VIHAR, ROHINI, DELHI-110085, regarding illegal construction / unauthorized construction in the shape of deviation against sanctioned building plan, excess coverage beyond sanctioned plan, projection on govt. land and to stop the occupancy, remove the illegal construction / unauthorized construction & projections w.e.f 01-01-2016 till 07-04-2019.
35. Kindly provide the certify copies of the details of action taken by the building department, Rohini Zone from 01-01-2016 till 07-04- 2019, against PROPERTIES BEARING NO. B-269, B.261, B-267, B277, C.273 ALL ARE OF PRASHANT VIHAR, ROHINI, DELHI. 110085 & C-40 ALL ARE OF PRASHANT VIHAR, ROHINI, DELHI-1 10085, regarding illegal construction t unauthorized construction in the shape of deviation against sanctioned building plan, excess coverage beyond sanctioned plan, projection on govt. land and to stop the occupancy, remove the illegal construction / unauthorized construction & projections i.e. Certify copy of show cause notice, demolition notice, seating notice, vacation notice, request given to police for action & prosecution action and also the reply of the builder/owner submitted to the department against above said proceedings of the department.
36. Kindly provide the attested copy of the complete details of properties (i.e. address & title), of Rohini zone, North DMC, which was permanent de-sealed by the department w.e.f 01-01-2017 till 12-04-2019.
37. Kindly provide the attested copy of the complete details of properties (i.e. address & title), of Rohini Zone, North DMC, which was permanent de-sealed by the Hon'ble ATMCD, Tis Hazari Court, Delhi, w.e.f. 01-01-2017 tilt 12-04- 2019.
38. Kindly provide the attested copy of the Status, ATR, Report file by the department to CVO, North DMC in respect of the complaint no.1 13484/2018/vigilance-8 dated 26.10.2018, mark by the CVC to CVO, North Page 5 of 9 MCD and thereafter CVO, North MCD mark to the DC, Rohini Zone vide Dak No. 10989/18 dated 22-11-2018.
PIO, vide letter dated 03.05.2019, furnished reply as under:
Page 6 of 9Dissatisfied with the information furnished, the Appellant filed First Appeal, vide letter dated 04.06.2019.
FAA, vide order dated 24.06.2019, held as under:
PIO, Engineer-(Bldg.-II)/Rohini Zone, North Delhi Municipal Corporation vide letter dated 17.05.2019, furnished reply to the Appellant as under:
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: present on phone Respondent: couldn't be contacted for the want of contact details Appellant stated that he is not satisfied with the reply of the PIO. He further submitted that FAA vide its order dated specifically directed the PIO to provide a Page 7 of 9 revised reply, however PIO failed to comply with the same. He further submitted that an opportunity of inspection was provided to him by the PIO, however same was not properly executed by them and no incomplete information was produced for inspection to him.
Decision:
The current milieu of the pandemic COVID-19 has necessitated the Commission to take some extraordinary steps in the disposal of cases to avoid further backlog and delays subverting the very purpose of RTI Act which includes inter alia hearing cases through audio conferencing. The instant case being one such instance where even so Respondent could not be heard for reasons stated above, Commission deems it fit in the interest of the letter and spirit of RTI Act to decide the matter based on the material on record.
In doing so, Commission observes that information sought by the appellant is voluminous in nature and upon perusal of records it is observes that a lot of documents has already been provided to the appellant with regards to the relevant information sought in the instant RTI Application. However, appellant is still not satisfied and request disclosure of relevant information, thus, Commission directs the PIO to provide an opportunity to the Appellant to inspect available and relevant information as sought in the instant RTI Application, on a mutually decided date and time duly intimated to the Appellant telephonically and in writing. In case, relevant information pertains to some other Branch/Department, then PIO should procure and provide relevant documents for inspection. Copy of documents, if desired by the Appellant upon inspection should be provided upon payment of the prescribed fees as per RTI Rules, 2012. However, no information should be furnished by the PIO, to the Appellant, which is exempted from disclosure under the RTI Act, 2005. Commission's directions should be complied within 45 days after the current situation normalization and PIO rejoins the office and accordingly compliance report to this effect be duly sent to the Commission by the PIO.
Furthermore, to allay any subsequent apprehension of the Appellant, Commission directs the PIO to file an appropriate affidavit stating that available and relevant records as sought in the RTI Application was provided to him for inspection and no material information has been withheld. The said affidavit shall be sent by the PIO to the Commission along with the aforementioned compliance report with its copy duly endorsed to the Appellant. No further action lies.Page 8 of 9
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालालसाम रया) Information Commissioner(सूचनाआयु ) Authenticated true copy (अिभ मािणतस यािपत ित) Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 9 of 9