Central Information Commission
Mr. A.K. Suri vs Office Of The S.E.-(I), West Zone on 18 June, 2009
CENTRAL INFORMATION COMMISSION
Club Building, Old JNU Campus,
Opposite Ber Sarai,New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC/SG/A/2009/001034/3769
Appeal No. CIC/SG/A/2009/001034
Relevant Facts emerging from the Appeal:
Appellant : Mr. A.K. Suri,
Danics (Retired),
88-B, DDA Flats (MIG),
Rajouri Garden, New Delhi
Respondent : Mr. V.R.Bansal
PIO Office of the S.E.-(I), West Zone Rajouri Garden, New Delhi RTI application filed on : 21.11.2008 PIO replied : 06.02.2009 First Appeal filed on : 09.01.2009 First Appellate Authority order : 09.02.2009 Second Appeal received on : 06.05.2009 The Appellant had sought for information regarding date and amount of bill raised as against demolition charges, the rules and regulation under which unauthorized construction was allowed, and date of booking of unauthorized construction.
Sl. Information Sought PIO's reply
1. Please inform me weather roof slabs or pucca Yes cemented lintel was punctured on 06-07-2007.
2. Inform about the action taken against the officials for No action has been taken, as there is not providing the information the total area of three no such practice to record roofs punctured on 06-07-2007. measurement of demolished area.
3. Inform the date and amount of bill raised as against As per the records available with demolition charges which the owner of 88-c, DDA building department, West Zone. No flat, Red MIG, Rajouri Garden, New Delhi had not bill has been raised against the be paid. demolition carried out at flat No. 88- C, DDA Flats, Red MIG, Rajouri Garden
4. Inform me the details of legal action taken in the No legal action has been taken in court of law for continuing the illegal construction on this matter in the court of law. common are (Roof Top) which were stopped beside repairing of punctured roof which is violation of MCD laws.
5. Inform me about the rules and regulation under The unauthorized construction has which unauthorized construction was allowed to not been allowed. The unauthorized continue though 18 references were made for on construction has been booked vide going unauthorized construction: file No.B/Uc/WZ/08/215 dt
i) 6 references to D.C (West) 25.07.2008.
ii)4 references to executive engineer (Building)
iii) 4 references to control room MCD.
iv)3 references to police post Rojouri Garden
v)1 reference to commissioner MCD (Town Hall)
6. Inform me how much time will be taken to reply the Does not come under preview of letter of DDA dated 02.09.2008 RTI Act.
7. Inform me about the date of booking of unauthorized construction and action taken thereof.
The First Appellate Authority ordered:
A copy of the reply of Bldg. Deptt. had been provided to the appellant. The original reply would be sent by the office of PIO .S.E-I/WZ. A AE(B)-I/WZ concerned had been directed to raise the bill of the demolition carried out at the top roof of the Flat No. 88-C, 3rd floor, Red MIG, DDA Flats, Rajouri Garden in the next 48 hours. The property be inspected and unauthorized construction going on there be demolished by 27th Feb. 2009.A reply to the DDA letter dt. 2.9.08 be sent by 9th Feb., 2009 and all the references made by the appellant be put up to the undersigned in one file immediately after receiving the Order.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Mr. A.K. Suri Respondent : Mr. V.R.Bansal, PIO The PIO has given the information very late. The key issue is that completely unauthorized construction has come up on the roof top of the property. It is apparent from the discussions that the action taken by MCD are mainly cosmetic. The irony is that the demolition team with a large complement of officers of MCD and police went to the top roof on 20/02/2009 according to the appellant and came away after sealing the common terrace. This is causing grate hardship to those who are staying in the building, since there water tank are located on the roof. This appears to be a way of punishing honest citizens who points out illegal, unauthorized construction.
The Commission directs the PIO to provide the following information to the appellant and the Commission:
1- The complete UC File relating to this property.
2- Copy of report showing how many officers and police had gone on 20/02/2009 to the said property and whether this team had gone to any other property on that day.
The appellant produces a letter sent by DDA to MCD on 02/09/2008 asking MCD to enquire into the issue of unauthorized contraction and inform them so that they could take action as per the lease/allotment conditions. If MCD has given any reply to them a copy shall be provided. If no action has been taken on this or no reply has been sent this will be stated.
Decision:
The Appeal is allowed.
The PIO will provide the information described above to the appellant and the Commission before 30 June 2009.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. It appears that the PIO's actions attract the penal provisions of Section 20 (1) .
A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 20 July 2009 at 3.30pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also submit proof of having given the information to the appellant.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.
Shailesh Gandhi Information Commissioner 18 June 2009 (In any correspondence on this decision, mention the complete decision number.) Rnj