Central Information Commission
Mr.Ram Avtar Singh vs Mcd, Gnct Delhi on 16 March, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/000304/17757
Appeal No. CIC/SG/A/2012/000304
Relevant Facts emerging from the Appeal
Appellant : Mr. Ram Avtar Singh
R/o: 3786, Gali Ram Nath Patwa,
Pahar Ganj, Delhi - 110055.
Respondent : Mr. S. Dodrai
Public Information Officer & SE Municipal Corporation of Delhi, O/o The Superintending Engineer (B), Sadar Pahar Ganj Zone, Behind Sadar Thana, Idgah Road, Delhi - 110006.
RTI application filed on : 12/10/2011 PIO replied : 05/12/2011 First appeal filed on : 21/12/2011 First Appellate Authority order : 04/01/2012 Second Appeal received on : 25/01/2012 Sl. Information Sought Reply of the Public Information Officer (PIO)
1. What is the action taken on the complaint filed Information sought by the applicant through this dt. 06.9.2011, 17.9.2011 & 27.9.2011 in regard point is that the property no.3649, Gali Ram Nath to illegal construction in my neighbor. Patwa, Pahar Ganj is booked for unauthorized construction on his complaint.
2. According to me, the property no. of my The applicant informed that the correct no. of the neighbor is 3649. Please let me know that the property is 3649, Gali Ram Nath Patwa, Pahar Ganj. illegal construction is on this property or another one.
3. Can the illegal construction be done in Gali No construction can be carried out without getting the Ram Nath Patwa, Paharganj without the building sanction plan from MCD except the repairs. permission of Municipal Corporation of Delhi.
Yes/No?
4. Can the construction of Hotel take place in Gali No construction can be carried out without getting the Ram Nath Patwa, Paharganj without the building sanction plan from MCD except the repairs. permission of Municipal Corporation of Delhi.
Yes/No?
5. What are the proceedings taken by Police The matter pertains to police department. Department on illegal construction? Can Police Department stop the illegal construction?
Yes/No? In regard to this, what powers are given to Police Department?
6. Provide the photocopies of all the documents so The MCD can take action against the unauthorized that I may come to know that what powers are construction against section 343 & 344 of DMC Act being provided to MCD and Delhi Police for besides sealing the property u/s 345 (A) of the DMC the illegal construction by Delhi Government? Act and action can be taken other relevant sections.
7. How many foot the roof be overhang without Information sought by the applicant through this the permission of MCD? Provide the photocopy point is that the chajja cannot be constructed on the of rules. road. The chajja can only be constructed as per sanctioned building plan as per MPD 2021 & DMC Act 1957.
8. Provide the photocopy for the permission given No building plan has been sanctioned for the for the construction of H.No. 3649, Gali Ram construction in respect of P. No.3649, Gali Ram Nath Nath Patwa, Paharganj. Provide the owner's Patwa. The owner name is not available in this office. name for the above mentioned property the matter pertains to House Tax Department. according to records. The house tax for the house no.3649 is residential/non-residential.
9. Can any individual stop the ventilation of air, Information sought by the applicant through this sun & light of the neighbor. What action is point is that action only can be taken by the MCD as being taken by MCD against the individual? per MPD 2021 & DMC Act 1957 against the violation of sanctioned building plan.
Grounds for the First Appeal:
Wrong & incomplete information provided by the PIO. Order of the First Appellate Authority (FAA):
"PIO is directed to inform you within 10 days after the perusal of relevant papers."
Grounds for the Second Appeal:
"Wrong & incomplete information was provided to the appellant by PIO. Relevant Facts emerging during Hearing:
The following were present Appellant: Absent;
Respondent: Mr. G. S. Yadav, AE on behalf of Mr. S. Dodrai, Public Information Officer & SE;
The PIO has provided the information available as per records. The Appellant is aggrieved that no action has been taken against the unauthorized construction. The Respondent states that demolition action has been taken on the unauthorized construction on 03/01/2012.
Decision:
The Appeal is disposed.
Information available on the records 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 16 March 2012 (In any correspondence on this decision, mention the complete decision number.) (PG)