Central Information Commission
Varun Kumar Modi vs Delhi Fire Services on 21 November, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No : CIC/DLFSR/A/2023/134459
Varun Kumar Modi .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Delhi Fire Service HQ, New Barakhamba
Road, Connaught Lane, Barakhamba Road,
New Delhi - 110001 .... ितवादीगण /Respondent
Date of Hearing : 14.11.2024
Date of Decision : 21.11.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 11.04.2023
CPIO replied on : 10.05.2023
First appeal filed on : 22.05.2023
First Appellate Authority's order : 01.08.2023
2nd Appeal/Complaint dated : 14.08.2023
Information sought:
The Appellant filed an (offline) RTI application dated 11.04.2023 seeking the following information:Page 1 of 5
"1. Kindly share the action taken reports on BEST SKY TOWER NETAJI SUBHASH PLACE PITAMPURA NEW DELHI, DELHI-110034. As per attached in reply of complaint filed by SH. VARUN KUMAR MODI reply by SH. ATUL GARG director dated: 03/03/2023 and Ref. No.: F.6/DFS/MS/WZ/2021/2051 as per attached.
2. Kindly share a full list of the statuary authorities for suitable action as demand fit mentioned in reply of complaint filed by SH. VARUN KUMAR MODI reply by SH. ATUL GARG director dated: 03/03/2023 and Ref. No.:F.6/DFS/MS/WZ/2021/2051 as per attached.
3. Kindly share the report of the construction is going in the building BEST SKY TOWER NETAJI SUBHASH PLACE PITAMPURA NEW DELHI, DELHI- 110034 premises is legal or illegal as they do not obtained fire NOC as per attached in reply of complaint filed by SH. VARUN KUMAR MODI reply by SH. ATUL GARG director dated: 03/03/2023 and Ref. No.:F.6/DFS/MS/WZ/2021/2051 as per attached.
4. Kindly share the consequences of building concern of BEST SKY TOWER NETAJI SUBHASH PLACE PITAMPURA NEW DELHI, DELHI- 110034 as per attached in reply of complaint filed by SH. VARUN KUMAR MODI reply by SH. ATUL GARG director dated: 03/03/2023 and Ref. No.: F.6/DFS/MS/WZ/2021/2051 as per attached.
5. Kindly share the latest inspection report by Fire Department of BEST SKY TOWER NETAJI SUBHASH PLACE PITAMPURA NEW DELHI, DELHI-110034 as per attached in reply of complaint filed by SH. VARUN KUMAR MODI reply by SH. ATUL GARG director dated: 03/03/2023 and Ref. No.: F.6/DFS/MS/WZ/2021/2051 as per attached.
6. Kindly share the full inspection report of Fire departments of BEST BUSI PARK NETAJI SUBHASH PLACE, PITAMPURA, NEW DELHI, DELHI-110034.
7. Kindly share the full inspection report by the Fire Departments of BEST PEAF HIEGHT 1st & 2nd (Both Buildings), NETAJI SUBHASH PLACE, PITAMPUR NEW DELHI, DELHI-110034 as per attached.
8. Kindly share the full inspection report by Fire departments of BEST FIEL Tower, NETAJI SUBHASH PLACE, PITAMPURA, NEW DELHI, DELHI-11003.
9. Kindly share the reason if no action had been taken till date on Best Sky tower as per reply of complaint filed by SH. VARUN KUMAR MODI reply Page 2 of 5 by SH. ATUL GARG director dated: 03/03/2023 and Ref. No.: F.6/DFS/MS/WZ/2021/2051 as per attached.
10. Kindly share the responsible authority if Building catch Fire in Best Sky Tower and anything mishappened in future Netaji Subhash Place, Pitampura as building running without Fire NOC also mentioned in reply of complaint filed by SH. VARUN KUMAR MODI reply by SH. ATUL GARG director dated: 03/03/2023 and Ref. No.: F.6/DFS/MS/WZ/2021/2051 as per attached.
11. Kindly share the reason if building not sealed till date as per Govt. norms of building do not have Fire NOC & reply of complaint filed by SH. VARUN KUMAR MODI reply by SH. ATUL GARG director dated: 03/03/2023 and Ref. No.: F.6/DFS/MS/WZ/2021/2051 as per attached."
The CPIO replied on 10.05.2023. Not satisfied with the reply, the appellant filed a First Appeal dated 22.05.2023. The FAA vide its order dated 01.08.2023, held as under.
"Applicant was asked to appear before the undersigned for the hearing of the appeal on dated 27.07.2023 at 11:00 A.M. The applicant appeared on the scheduled dates. On perusal of first appeal, it was found that the information provided by the PIO is sufficient and correct."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Shri Dinesh Chand Modi, appeared in person. Respondent: Shri Mukesh Verma, PIO, and Shri Nagendra Singh, APIO, appeared in person.
Shri Dinesh Chand Modi appeared on behalf of the appellant; however, he failed to submit any authority letter of the appellant to contest this case. Therefore, the submissions made by Shri Dinesh Chand Modi is not taken on record.Page 3 of 5
The respondent while defending their case inter alia submitted that they had provided point-wise reply to the appellant vide letter dated 10.05.2023 which is reproduced as under:
"Reply to point No. 1. - No information available.
Reply No. 2.- Copy enclosed.
Reply No. 3.- No information available.
Reply No. 4.- No information available.
Reply No. 5.-Please see reply to No.2 Reply No. 6. All fire safety certificates along with inspection report having all details, issued to the buildings covered under Rule 27 of Delhi Fire Service Act 2007 and Rules 2010, are available on the website of this department at www.dfs.delhigovt.nic.in, which can be downloaded at free of charge.
Reply No. 7.-Please see reply no 6.
Reply No. 8.-No information available.
Reply No. 9.-No information available.
Reply No. 10.-The information sought by you is fictitious, hence not covered under Section 2(f) of the RTI-Act-2005.
Reply No. 11.-No information available."
The respondent further submitted that they had already informed the appellant that application for renewal of Fire Safety Certificate of BEST SKY TOWER Netaji Subhash Place Pitampura New Delhi was rejected. Besides, it was also informed that the occupancy of the building/premises in absence of requisite fire safety arrangements shall be at the risk and liability of the owner/occupier.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, noted that the respondent Page 4 of 5 has provided point-wise reply to the appellant as per the records available with them vide letter dated 10.05.2023. A copy of the said reply was once again provided to the representative of the appellant during the hearing.
The respondent has replied to the appellant that all fire safety certificates along with inspection report having all details, issued to the buildings covered under Rule 27 of Delhi Fire Service Act 2007 and Rules 2010, are available in the public domain i.e. www.dfs.delhigovt.nic.in. It is not the case where reply was given to the appellant.
In view of the above facts and submissions made by the parties, the Commission finds that reply given by the respondent is in consonance of the provisions of the RTI Act and intervention of the Commission is not warranted in the matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Delhi Fire Service HQ, New Barakhamba Road, Connaught Lane, Barakhamba Road, New Delhi - 110001 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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