Central Information Commission
Chakresh Kumar vs North Delhi Municipal Corporation ... on 5 April, 2018
CENTRAL INFORMATION COMMISSION
BABA GANGNTH MARG, MUNIRKA
New Delhi-110067
F. No.CIC/NDMCE/A/2017/184004
Date of Hearing : 04.04.2018
Date of Decision : 04.04.2018
Appellant/Complainant : Shri Chakresh Kumar
Respondent : PIO/ Ex. Engineer
(Building)/C.S.P. Zone
North Delhi Municipal
Corporation
Building Department
Through:
Shri Arvind Mack
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 10.06.2016
PIO replied on : 29.07.2016
First Appeal filed on : 20.08.2016
First Appellate Order on : 21.09.2016
2nd Appeal/complaint received on : 04.11.2016
Information soughtand background of the case:
Vide RTI application dated 10.06.2016 to PIO, Sadar Pahar Ganj Zone, EE Building, the appellant sought following information:-
1. Whether any application was moved by the owner of house no. 71, Ram Nagar, Pahar Ganj, Delhi -55 for sanctioning of any plan? After 1960 or thereafter? If so the details of the same.
2. Whether any site plan was sanctioned of house no. 71, Pahar Ganj, New Delhi-55 in the year 1960 or thereafter.
3. Whether any construction was done by the owner of a house no. 71, Ram Nagar, Pahar Ganj, New Delhi-55.
4. Does house no. 71 Ram Nagar, Pahar Ganj, New Delhi-55 has a completion certificate? If so, the date of the issuance of the completion certificate.
PIO, EE (Bldg.) S.P. Zone, NDMC vide letter dated 29.07.2016 furnished the information received from AE (B)/SPZ, RK(B)/SPZ and JE(B/87)/SPZ as under:
1. As per available record, no bldg. plan of P.No. 71, Ram Nagar, P.G. Delhi is sanction by this office since 2005.
2. As per available record, no site plan of P.No. 71, Ram Nagar, P.G. Delhi is sanction by this office since 2005.
3. Same as (1) above
4. As per available record, no completion certificate of P. No. 71, Ram nagar, P.G., Delhi is sanction by this office since 2005.
Dissatisfied with information provided by the PIO, the appellant filed first appeal. FAA, Superintending Engineer, S.P. Zone, vide letter dated 21.02.2016 informed that the information sought since 1960 and PIO furnished the information since 2005. Further, FAA directed the PIO to furnish the information as sought by the applicant i.e. since 1960 within 10 days. Feeling aggrieved over non-compliance of FAO, the appellant approached the Commission.
Relevant facts emerging during hearing:
Both the parties are present and heard. The appellant states to be owner of house no. 72 and pitted against the owner of adjoining land ie. plot no. 71 over land dispute in Civil Court. What emerges from deliberations of the parties is that both plots no. 71 & 72 were part of a common undivided property which were subsequently partitioned. The error in record happened as the property papers of plot no. 71 mentioned a greater area of land transferred to owner of plot not 71 while the actual land transferred was lesser than that of recorded in conveyance deed. Resultantly, the owner of plot 71 has raised dispute over demarcation between the two plots. The appellant states that the owner of plot no 71 has filed certain layout plans purportedly issued by MCD before the Civil Court to substantiate his claim, while he suspects the documents to be fabricated. In this backdrop, the appellant states to have sought information for ascertaining the authenticity of records produced before Civil Court and disproving the claims of rival party. Per contra, the PIO states that as per available records, neither building plan/site plan nor any completion certificate has been sanctioned for plot no. 71, Ram Nagar since 2005. However, as pointed out by the appellant, the query sought to ascertain the record of plot no 71 since 1960. To this, the PIO seeks time to search old records and furnish a proper reply.
Upon a query by the Commission, the appellant states to have made an online request for sanction of building plan in year 2016 but the same was processed till date. The appellant seeks leave to refocus his query and seeks an action taken report upon his request for building plan sanction.
Decision:
After hearing the parties and perusal of record, the Commission directs the PIO to thoroughly search the record and furnish a clear reply regarding the sanctioning of building & site plan as well as the completion certificate for plot no. 71, Ram Nagar since year 1960 in clear terms. The PIO shall intimate an authoritative and clear stand on the issue to the appellant. If no record is available since 1960, the same shall be intimated to the appellant. Further, the appellant shall send a copy of the online building sanction application made by him in year 2016 to the PIO, within one week of receipt of this order. The PIO shall thereafter furnish an action taken report on the aforesaid application. Information on both the aspects shall be furnished to the appellant within 3 weeks of receipt of this order. A report of compliance of the present order by PIO shall be marked to the Commission so as to reach before 10.05.2018.
The appeal is allowed in aforesaid terms.
(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