Central Information Commission
Mr.Kuber Sain vs Mcd, Gnct Delhi on 13 February, 2012
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2011/003592/17325
Appeal No. CIC/SG/A/2011/003592
Relevant Facts emerging from the Appeal
Appellant : Mr. Kuber Sain
D-4/157, Gali No. 4,
Chhattarpur Pahari,
Néw Délhi 110074
Respondent : Public Information Officer
Municipal Corporation of Delhi Office of the Assistant Cpmrnlssiorier South Zone, Green Park & Dy. Director of Estates (O&M) Directorate of Estates Market Section Nirman Bhawan. New Delhi RTI application filed on : 09/06/2011 PIO replied : 02/07/2011 & 30/09/2011 (transferred) First Appeal : 03/08/2011 First Appellate Authority order : 15/09/2011 Second Appeal received on : 14/12/2011 Information Sought:
1. How many tehbazaari are in Pushp Vihar, sec -III . MB road?
2. What is the name and trade of these Tehbazaari?
3. How much area is occupied by these Tehbazari?
4. The Tehbazaari which were transferred to Asian Market premises, are these permanent? If no, when this will be done?
5. If the Tehbazaari do the business different from the trade it was allowed to do then what action can be taken on it? Under whom jurisdiction it will come? Provide details of the concerned deptt/officer.
6. Provide the details of the devt works undertaken by the MCD like construction of the roads, water management, maintenance of the sewer, maintenance of the electricity supply in above mentioned area. Under whose supervision these works are placed? ]
7. If any transporter deals with transport work then how many vehicles he is allowed to keep in his premises. Which officer can take action in this matter?
CPIO's reply:
1. 3
2. Usha Rani, Rakesh kumar , Jitendra Gupta . Any trade is done as per the rules.
3. 6*4, open to sky is allotted.
4. No and no deadline is set.
5. Work is done as per the rules. The right to take action comes under jurisdiction of DC/SZ, AC/SZ, AND AO/SZ.
Reply of Directorate of Estates Point 3 to 5
3. The files have already been transferred to MCD in original along with all documents.
4. The list of markets transferred to MCD is enclosed.
5. As per Notification, dated 24-03-2006 regarding transfer of markets to local bodies, the guidelines and procedure followed by L&DO and DoE in the matter of substitution/mutation of title, gift permission, sale permission, mortgage permission, regularization/restoration of allotment of shops etc., change of trade, conferment of ownership rights, recovery of misuse/damages charges etc. may also be followed by the local bodies viz. NDMC and MCD. Copy of the said notification can be obtained from L&DO.
Grounds for the First Appeal:
Information provided been provided after the stipulated time period and reply is unsatisfactory.
Order of the FAA:
FAA upheld the decisions of the CPIO.
Grounds for the Second Appeal:
Information provided is unsatisfactory.
Relevant Facts emerging during Hearing: The following were present Appellant: Mr. Kuber Sain along with Mr. Kapil Dhiran Respondent: Mr. KC Mittal, APIO, AO/SL, MCD South Zone, Green Park The PIO has given the information as per available records. The Appellant states that MCD is not acting correctly as per the law in awarding Tehbazaaris. The Commission has no jurisdiction in this matter.
Decision:
The Appeal is disposed.
The information available as per record has been provided. 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.
Shailesh Gandhi Information Commissioner 13 February 2012 (In any correspondence on this decision, mention the complete decision number.) (PG)