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Usha Goel vs Mcd on 24 March, 2026

                                के ीय सूचना आयोग
                          Central Information Commission
                             बाबा गंगनाथ माग, मुिनरका
                           Baba Gangnath Marg, Munirka
                          नई िद     ी, New Delhi - 110067


File No: CIC/MCDND/C/2024/642398

Usha Goel                                         ....िशकायतकता /Complainant

                                         VERSUS
                                          बनाम

PIO,
Municipal Corporation of
Delhi, 2nd Floor, Dr. S.P.M.
Civic Centre, J L Nehru Marg,
New Delhi - 110002                                     .... ितवादीगण /Respondent

Date of Hearing                      :    24.02.2026
Date of Decision                     :    23.03.2026

INFORMATION COMMISSIONER :                Vinod Kumar Tiwari

Relevant facts emerging from complaint:

RTI application filed on             :    09.08.2024
PIO replied on                       :    Not on record
First appeal filed on                :    Not on record
First Appellate Authority's order    :    Not on record
2nd Appeal/Complaint dated           :    22.09.2024

Information sought

:

1. The Complainant filed an RTI application dated 09.08.2024 (online) seeking the following information:

"RTI for Action on Complaint Against Illegal Boom Barrier at House no 74, C-1 block, Ashok Vihar Phase-2, Delhi-110052.

I am writing for action on my previously filed complaint and RTI application regarding the illegal installation of a boom barrier by Mr. Nand Keswani, RWA President, in front of my house.

Background-On January 31, 2024, I lodged a complaint with MCD about the unauthorized erection of a boom barrier by Mr. Keswani. This barrier was installed without any requisite sanctions or approvals from MCD, police, or other relevant authorities, causing noise pollution, nuisance and all sorts of troubles to me and my family, particularly my husband, who is a heart patient, and other senior citizens residing in our building.

Despite multiple follow-ups, the only response I received was that - The site has been inspected by MCD officials and action will be taken soon. This response was given over three months ago, yet no further action has been taken to remove the illegal structure, which continues to cause us considerable distress.

RTI Reference- I filed an RTI application seeking the status of my complaint, but the response has been vague and non-committal. Given the lapse of three months without any concrete action, I am compelled to file this RTI. My request is for immediate and decisive action to address and resolve the following concerns-

1- Current Status- Detailed and updated status of the action taken on my complaint.

2- Timeframe for Resolution- Specific timeline for the removal of the illegal boom barrier.

3-Accountability- Identification of officials responsible for the delay and inaction on this matter.

The illegal boom barrier has not only caused noise pollution and other nuisances but has also led to threats and intimidation from Mr. Keswani, who has connections with MCD officials, police, and politicians, thereby influencing the lack of action against his illegal activities."

2. Not having received any response from the CPIO, Complainant approached the Commission with the instant Complaint.

Relevant Facts emerged during Hearing:

The following were present:-

Complainant: Absent Respondent: Absent

3. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 22.09.2024 is not available on record.

4. Both the parties remained absent despite notice.

5. A letter dated 09.02.2026 from Shri Dinesh Kumar, APIO, HQ, MCD, addressed to the FAA/Dy. Commissioner, Keshavpuram Zone, MCD, indicates that the RTI application of the Complainant was initially forwarded to the PIO, Assistant Commissioner, Keshavpuram Zone, MCD on 12.08.2024 for necessary action. The APIO also requested the Dy. Commissioner/Superintending Engineer, Keshavpuram Zone, MCD to ensure appearance before the Commission. However, despite such communication, none of the parties appeared before the Commission during the hearing.

6. Perusal of the records available on file reveals that the RTI application was subsequently transferred to Shri K. D. Sharma, PIO/Executive Engineer (M-

1), Keshavpuram Zone, vide letter dated 28.11.2025. Further, as per a letter dated 29.11.2025 placed on record by the said office, the RTI application was again transferred under Section 6(3) of the RTI Act, 2005 to the PIO/Executive Engineer (M-2), Shakti Nagar Extension, New Delhi, for necessary action.

Decision

7. The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the RTI application dated 09.08.2024 has been transferred from one PIO to another at multiple stages; however, no substantive reply has been furnished to the Complainant till date.

8. The Commission notes that despite issuance of hearing notice, none of the Respondent PIOs appeared before the Commission to explain the status of the RTI application. Such conduct reflects a casual and negligent approach towards the provisions of the RTI Act, 2005.

9. In view of the above, the Commission finds it a fit case to issue Show Cause Notices to the concerned PIOs i.e. the PIO/Executive Engineer (M-1), Keshavpuram Zone, Delhi and the PIO/Executive Engineer (M-2), Shakti Nagar Extension, New Delhi, to explain as to why maximum penalty under Section 20(1) of the RTI Act, 2005 should not be imposed against each of them for (i) non-furnishing of information within the stipulated time and (ii) non- appearance before the Commission despite notice.

10. The First Appellate Authority is directed to serve a copy of this order to the concerned PIOs and to secure their written submissions in response to the Show Cause Notices, and forward the same to the Commission within four weeks from the date of receipt of this order. The concerned PIOs are further directed to ensure their presence before the Commission on the next date of hearing, which shall be intimated separately, failing which appropriate action shall be taken in accordance with law.

The Complaint is disposed of accordingly.

Sd/-

Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) Sd/-

(S. Anantharaman) Dy. Registrar 011- 26181927 Date The PIO, Office of the Executive Engineer (M-I), Municipal Corporation of Delhi, Keshav Puram Zone, Shakti Nagar Extn. Delhi-110052 CIC/MCDND/C/2024/642398 Page 4 of 5 The PIO, Office of the Executive Engineer (M-II), Municipal Corporation of Delhi, Keshav Puram Zone, Shakti Nagar Extn. Delhi-110052 Office of the Superintending Engineer (M-II), Municipal Corporation of Delhi, Keshav Puram Zone, Shakti Nagar Extn. Delhi-110052 Smt. Usha Goel House No. 74, C-1 Block, Phase 2, Ashok Vihar, Delhi 110052 CIC/MCDND/C/2024/642398 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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