Central Information Commission
Shri.Thakur Rajeshwar Singh vs Mcd, Gnct Delhi on 10 August, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001820/14001
Appeal No. CIC/SG/A/2011/001820
Relevant facts emerging from the Appeal:
Appellant : Thakur Rajeshwar Singh
66, South Enclave,
New Delhi - 110062
Respondent : Mr. J. D. Sharma
PIO & Assistant Commissioner (South Zone) Municipal Corporation of Delhi O/o The Assistant Commissioner, South Zone, Green Park, New Delhi - 110016 RTI application filed on : 21-02-2011 PIO replied on : 21-03-2011 First Appeal filed on : 09-05-2011 First Appellate Authority order of : 09-06-2011 Second Appeal received on : 07-07-2011 S No. Information Sought PIO's Reply 1 Kindly supply name, address of the kiosks, vendors, The question is incomplete and the details business owners, allowed to run business from road of which "Order No." is sought is not side or from foot path vide order no. --- dated ---- mentioned / inquired. issued in favour of---- having details like under which category permission was granted in 47 & 48 assembly constituency as stated above.
2 Name, Address of the unauthorized occupants of Govt. No such details available with the Land along with their president & patron name & department. address nature of the business carried out illegally from footpaths, parks, Govt. Land etc. of above cited area.
3 Whether Govt. proposed to remove illegal Encroachment removal action are constructions, structures, kiosks raised on Govt. land frequently taken by the department, time namely :- & again. The details of last action taken in
(i) Sheetla Mata Mandir Market, Shop No. 1 the area are given below opposite to 48 outside the compound wall of Nigam respective query:-
Prathmik Pratibha Vidhyalaya Sector 4, (i) 22/12/2010 & 04/02/2011.
Dr. Ambedkar Nagar, New Delhi - 62 (ii) 18/01/2011
(opp. H- Ist Madangir). (iii) 18/01/2011
(ii) Shops, kiosks raised on Govt. land; in front (iv) 18/01/2011
of DJB pumping station Sector 5, Dr. (v) 22/12/2010 & 04/02/2011
Ambedkar Nagar, New Delhi - 62, also (vi) 18/01/2011
Known as DTC Buses Route No. 580 & (vii) No seprate record is available
521 last stand. with this department,
(iii) Kiosks, structures raised out side Madangir however, the last date of
shopping centre Madangir and in its front action was 13/12/2010.
road known as Maharishi Valmiki Road.
(iv) Kiosks, Structures raised on footpaths
outside virat cinema adjacent to MCD
Shop No. 1 to 16.
(v) Kiosks, Shop annex to Madangir
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Gurudwara Known as Gurudwara Kiosks
Market having patronage of councilor of
the area Sh. Panna Lal.
(vi) Kiosks, structures on main Madangir Virat
Road New Delhi - 110062.
(vii) Kiosks, structures constructed over nallahs of block no. 1,2,3,4,5,6,7,8 of Dakshin Puri New Delhi 62 and area adjacent to DDA park facing block no. 19 and 14 of Dakshin Puri, New Delhi - 110062
4 Please supply list of the Govt. officals who were There are various departments of MCD supposed to ensure that no illegal construction, kiosks, and Delhi Police who have the duty to structures are raised in above stated area's especially ensure that no illegal construction / as mentioned here at S No. 3(i) to (vii). Due to which encroachment is being carried out in their fundamental rights of the citizen to walk with freedom respective areas. The specific details of are at risk. the Govt. official can be obtained after clarifying the period and the department for which the information is sought.
Grounds for the First Appeal:
Unsatisfactory reply was given by the PIO.
Order of the First Appellate Authority (FAA):
"Submissions from the PIO heard. Appellant's written queries have been examined. Since the reply of the ID has already been provided by the PIO/AC/SZ, however the appellant is not satisfied, hence PIO/SZ is directed to send a reviewed reply to the appellant within two weeks".
Ground of the Second Appeal:
Unsatisfactory reply was given by the PIO and also unsatisfactory order was passed by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Thakur Rajeshwar Singh;
Respondent: Mr. J. D. Sharma, PIO & Assistant Commissioner (South Zone);
The PIO has given information on Past Encroachment Removals after the order of the FAA. The Appellant points out that in query-3 ( i to viii) he wishes to know the proposed action on the structures mentioned by him. The PIO is directed to provide the information if there is proposed action on these structures. If no action is proposed this should be stated.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as detailed above to the Appellant before 30 August 2011.
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 10 August 2011 (In any correspondence on this decision, mentioned the complete decision number.) (JV) Page 2 of 2