Central Information Commission
Mrshyam Singh Chauhan vs Mcd, Gnct Delhi on 15 June, 2015
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No. CIC/YA/A/2014/002479
Date of Hearing : 15.06.2015
Date of Decision : 15.06.2015
Complainant/Appellant : Shri Shyam Singh Chauhan
Delhi
Respondent : Shri Bharat Bhushan, PIO/STP
South Delhi Municipal Corporation
Delhi
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from complaint/appeal:
RTI application filed on : 24.05.2014
PIO replied on : 11.06.2014
First Appeal filed on : 07.07.2014
First Appellate Authority (FAA) order on : 12.08.2014
Complaint/ Second Appeal received on : 16.09.2014
Information sought:
The appellant sought copy of layout plan of Village Madanpur Khadar. Relevant facts emerging during hearing:
Both parties are present. The appellant filed an RTI application on 24.05.2014, seeking the above information. PIO/STP in his reply informed the appellant that the layout plan is available on the MCD website. The FAA in his order observed that information has already been provided.
The appellant stated that he had sought specifically the layout plan of Madanpur Khadar but the PIO simply replied that the same is available in public domain and he has still not been able to obtain the layout plan. He also informed the Commission that he needs the layout plan for getting NOC for construction. The respondent stated that information as available on record has been provided to the appellant and a copy of the layout plan was also provided to the appellant. The appellant contended that the layout plan of Madanpur Khadar Extension was provided instead of Village Madanpur Khadar. The respondent stated that if the appellant can obtain a Laldora certificate from the revenue authorities, the layout plan is not required for sanctioning of building plan, to which the appellant stated that for urbanised village, no Lal dora certificate is issued. The respondent, then, stated that in the absence of Lal dora certificate, Part Layout plan, prepared by the architect, can be furnished by the appellant to the building dept. for obtaining NOC.
On query by the Commission as to how can the issue could be resolved; the respondent stated that concerned PIO would be from Building Dept./SZ who can guide the appellant on how to obtain the layout plan for construction in his area of residence.
Decision:
After hearing both the parties and on perusal of record, the Commission directs PIO/EE(B)/SZ to provide information to the appellant as to how can he obtain the layout plan of his area, within three weeks of receipt of this order, under intimation to the Commission. He is also directed to inform the appellant on the documents required by Building dept. for providing NOC for construction in village Madanpur Khadar. The registry of this Bench is directed to forward a copy of the RTI application and first appeal to PIO/EE(B)/SZ for ready reference along with a copy of this order. PIO/STP is directed to forward the same to PIO/EE(B)/SZ, within one week of receipt of this order, under intimation to the Commission.
The appeal is disposed of accordingly.
(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.
(B.D. Harit) Deputy Secretary & Deputy Registrar Copy to:-
Public Information Officer under RTI First Appellate Authority under RTI Senior Town Planner, South Delhi Municipal Corporation, Chief Town Planner, Town Planning Department, South Delhi Municipal Corporation, E-Block, 21st Floor, Dr. S.P.M. Civic Centre, Town Planning Department, Minto Road, New Delhi-110002. E-Block, 21st Floor, Dr. S.P.M. Civic Centre, Minto Road, New Delhi-110002.
Shri Shyam Singh Chauhan House No. - 372, Madanpur Khadar, Chauhan Mohalla, New Delhi-110076.