Central Information Commission
Manjeet Singh Bal vs Delhi Police on 13 September, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/DEPOL/A/2017/165194
F. No.CIC/DEPOL/A/2017/122517
F. No.CIC/DDATY/A/2017/129609
F. No.CIC/GNCTD/A/2017/158235
F. No.CIC/ADDDM/A/2018/120996
F. No.CIC/DELJB/A/2018/120670
F. No.CIC/ADDDM/A/2017/160490
Date of Hearing : 07.09.2018
Date of Decision : 07.09.2018
Appellant/Complainant : Siri Manjeet Singh Bal
Respondent : 1. CPIO
Addl. Dy. Commissioner of Police
South District- New Delhi
2. CPIO/EE-(Project-W-I), Delhi Jal
Board (Govt. of NCT of Delhi)
3.CPIO/Dy. Director -(L&M) &PIO,
DDA, Land Management Branch,
South-East Region
4. PIO/ Sub- Divisional Magistrate,
(Saket), (Govt. of NCT of Delhi)
Through:-
Shri Virender Kumar, PIO, DJB,
Shri N.K. Verma, EE(W-I), DJB, Shri
Ramesh Kaul, O/o. SDM, Saket,
Shri Ajit Kumar, Shri HC Desh Raj,
PS. Mehrauli & Shri HC Umesh
Sharma, RTI Cell/SD
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 06.07.2017
PIO replied on : 05.08.2017
First Appeal filed on : 05.08.2017
First Appellate Order on : 29.08.2017
2ndAppeal/complaint received on : 15.09.2017
Information soughtand background of the case:
CIC/DEPOL/A/2017/165194 Vide RTI application dated 06.07.2017, the appellant sought information regarding complaint filed by Mr. Pavit Singh R/o RZ-50 Chandan Colony, Vill. Saidulajaib, New Delhi against him regarding unauthorized construction in Kh. No. 27, Village Saidulajaib, New Delhi-30.
CPIO/Addl. Dy. Commissioner of Police vide letter dated 05.08.2017 replied as under:-
"1 & 8 - The requisite information is contained in 08 pages and you can collect the same after depositing Rs. 16/- @ Rs 2/- per page under the provision of Right to Information (Regulation of Fee & Cost Rules)Act, 2005 from this office on any working day."
Appellant in his appeal stated that he did not receive reply from PIO. FAA/ Dy. Commissioner of Police, Hauz Khas vide letter dated 20.08.2017 sent copy of reply of PIO alongwith appeal order and disposed of the case. Feeling aggrieved, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both parties have appeared during the hearing and the appellant admitted that he has received copy of the response containing requisite information today. But he insists that certified of the same response be supplied to him.
Decision:
Considering the limited contention of the appellant, the Commission hereby directs the Respondent/PIO to furnish a certified of the same response, as supplied to the appellant today. The Respondent shall submit a compliance Report before the Commission, within 13.09.2018, upon furnishing certified copy of the same response.
CIC/DEPOL/A/2017/122517 Vide RTI application dated 03.02.2017, the appellant sought information related to complaint against Pavit Singh and other who illegally encroached the Gram Sabha Land Khasra no. 56 situated in village Saidulajabi on 22.06.2015 vide DD No. 60 B in Police Station Mehrauli. CPIO/ADCP vide letter dated 06.03.2017 furnished information as received from the concerned as under:-
1. Yes
2. Yes
3. SI Manoj Singh (M) 8750806665
4. Yes
5. Yes, complaint is pending enquiry
6. Same as point no. 5
7. Same as point no. 5
8. Same as point no. 5
9. No need to call complainant
10. Same as point no. 5
11. Complaint is pending enquiry Appellant in his appeal stated that he did not receive reply from the PIO.FAA/ Dy. Commissioner of Police, Hauz Khas vide letter dated 23.03.2017 sent copy of reply of PIO alongwith appeal order and disposed of the case. Feeling aggrieved, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both parties have appeared during the hearing and the appellant admitted that he has received copy of the response containing requisite information today. He has not put forth any other contention.
Decision:
In view of the fact that information as available with the Respondent has already been provided to the appellant, to his satisfaction, there remains no further cause of action to adjudicate.
CIC/DDATY/A/2017/129609 Vide RTI application dated 17.01.2017, the appellant sought copy of letter dated 23.09.2013 issued by the DDA vide letter no. F-11(79)2013/LM/SEZ/663 with regards to Kh. No. 27, 34, 62, 119, 120, 164, 201 & 278 situated at Village Saidulajaib to Add. Secretary, Land & Building Dept. CPIO vide letter dated 18.04.2017 furnished the copy of letter dated 23.09.2013 to the appellant and in response to other query he stated that the information is not available with them. Appellant received reply after filing first appeal and same remained unheard. Feeling aggrieved, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both parties have appeared during the hearing and the appellant admitted that he has received response containing requisite information yesterday. He has not put forth any other contention nor rebutted the information received.
Decision:
In view of the fact that information as available with the Respondent has already been provided to the appellant, to his satisfaction, there remains no further cause of action to adjudicate.
CIC/DELJB/A/2017/120670 Vide RTI application dated 18.11.2017, the appellant sought information on 07 points regarding legal water connections sanctioned by Delhi Jal Board in newly built multi-storey building built by builder Daljeet @Tinku in Kh. 278 adjoining of Sant Singh Bal House near Mother Dairy, Village Saidulajaib, New Delhi- 110030. PIO/EE(Project)W-I vide letter dated 27.12.2017 furnished reply as under:-
1. No specific address of the premises has been provided for which information is sought.
2. No specific address of the premises has been provided for which information is sought.
3. No such information available with this office
4. No such information available with this office.
5. No such letter received by this office
6. No such letter received by this office
7. 792 legal water connections has been sanctioned by Delhi Jal Board in Saidulajab Village.
Dissatisfied with response received from PIO, the appellant filed first appeal. FAA/CE(W) Projects vide letter dated 22.02.2018 directed the PIO to provide the complete and correct information to the appellant within 07 days. In compliance of FAO, CPIO furnished the information to the appellant. Still aggrieved, the appellant approached the Commission.
Facts emerging during hearing:
Both parties are present for hearing. Appellant averred during the hearing that the responses given against queries number 3,4 and 5 are wholly incorrect, false and vehemently opposed. Deliberations between parties and perusal of records reveal that it is an admitted fact that the property in question was booked by SDMC on 20.10.2015. When a dispute pertaining to this property reached the High Court of Delhi in the form of a writ petition, the Delhi High Court directed that the civic agencies to demolish the property vide order passed in the year 2015. Even officials of SDMC issued letter dated 27.11.2015 requesting DJB to disconnect all water connections to the said illegal construction. However, despite such position and in contravention of the directions of the Delhi High Court, no action was initiated against the said property. Respondent from DJB explained when the property was visited in 2015-16, pursuant to the High Court order of 2015, no water connection was found in the property since water connections in fact were given only in the year 2017-18.
Decision Upon hearing the averments as put forth by the parties, it is evident that despite booking of the property by SDMC and request to disconnect all water connections and directions of the Delhi High Court to demolish the property way back in 2015, water connections have been given as recently as 2017-18. There appears to be some gross misjudgement and lapse in administration on the part of the DJB. The officer present from DJB sought time to investigate the complete facts of the matter.
The Commission hereby directs that a complete Enquiry be conducted to find out how water connections were given to the building in question in the face of SDMC's action of booking and request for disconnection of water connections and the wilful disobedience and contempt of the orders of the Delhi High Court. The official/s responsible for such conduct may be located and the Enquiry report shall be submitted before the Commission by or within 25.09.2018.
CIC/GNCTD/A/2017/158235 CIC/ADDDM/A/2017/120996 Vide RTI application dated 08.06.2017, the appellant sought details of Lal Dora/Abadi Deh certificate issued by office of SDM. Having not received any information from PIO, the appellant filed first appeal. FAA/ADM(South) vide letter dated 08.08.2017 directed the SPIO/SDM(Saket ) to provide correct and complete information within 10 days. Feeling aggrieved over non compliance of FAO, the appellant approached the Commission.
CIC/ADDDM/A/2017/160490 Vide RTI application dated 25.05.2017, the appellant sought information regarding Khata Khatoni no. 20/15 of Vill. Saidulajaib the land 7 Bigha of Kh. No. 26. He sought certified copy of entries made after receiving intimation from SDMC the revenue department in Revenue records/field book/ Khata Khatoni of Kh. No. 26, Vill. Saidulajaib and other related information on 06 points. Having not received from PIO, the appellant filed first appeal. FAA/ADM(South) vide letter dated 08.08.2017 directed the SPIO/SDM(Saket) to provide correct and complete information, as available on record within 10 days. Feeling aggrieved over non compliance of FAO, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both parties have appeared during the hearing and the appellant admitted that he has received response containing requisite information from the Office of the SDMand is satisfied with the information so received.
Decision:
In view of the fact that information as available with the Respondent has already been provided to the appellant, to his satisfaction, there remains no further cause of action to adjudicate.
The aforementioned appeals are thus disposed of with the above direction and observations.
(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