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D S Negi vs South Delhi Municipal Corporation ... on 27 November, 2020

                                  के   ीयसूचनाआयोग
                      Central Information Commission
                             बाबागंगनाथमाग, मुिनरका
                      Baba Gangnath Marg, Munirka
                        नई द ली, New Delhi - 110067

ि तीय अपील सं या / Second Appeal No. CIC/SDMCC/A/2018/152346

Shri D S Negi                                                   ... अपीलकता/Appellant
                                  VERSUS/बनाम

PIO, SDMC                                                 ... ितवादीगण /Respondent
O/o the Exe. Engineer(B),
Central Zone, Lajpat Nagar,
New Delhi-110024
Through: Sh. Manish Huria - AE, Bldg.

Date of Hearing                          :   25.11.2020
Date of Decision                         :   25.11.2020
Chief Information Commissioner           :   Shri Y. K. Sinha

Relevant facts emerging from appeal:

RTI application filed on                 :   09.04.2018
PIO replied on                           :   04.06.2018
First Appeal filed on                    :   16.05.2018
First Appellate Order on                 :   12.06.2018
2ndAppeal/complaint received on          :   24.08.2018
 Information sought

and background of the case:

The Appellant filed his RTI application dated 09.04.2018 seeking information on 21 points, some of which are as under:-

Etc. The RTI application appears to have been transferred by O/o, EE, B-I, CZ vide letter dated 10.05.2018. Having not received any information from the PIO, the Appellant filed First Appeal dated 16.05.2018. Meanwhile, the CPIO vide letter dated 04.06.2018 furnished point wise information to the Appellant, including that: action U/s 343 & 344 of the DMC Act had been initiated on 18.09.2017 and the P.No. C-17, NDSE-1, New Delhi was sealed on account of unauthorised construction on 03.04.2018. A copy of the sealing order was also enclosed with the reply.

The First Appeal was heard by the FAA, Superintending Engineer(C)-I vide order dated 12.06.2018 stated the reply of PIO, EE(B)-I/CNZ were examined and found that information seems to have been provided to the Appellant.

Feeling aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties. Both parties are present through audio conference and Appellant states that property number C-17, South Ex, Part-1, New Delhi is occupied by Almora Gram Committee, where he is a worker. The basement, ground and top floors are occupied by Almora Gram Committee and remaining portion of the property was sold by the promoter. It is the averment of the Appellant that the unauthorised construction in the building was demolished by the Respondent- SDMC, without giving any notice and hence the RTI queries were raised to seek information about such sudden action. The Appellant pointed out that the reply against his RTI query is delayed by two months and point no. 21 raised by him has not been answered by the Respondent. It has also been pointed out by the Appellant that aggrieved by the arbitrary action of the Respondent, case has been filed before the ATMCD and is pending adjudication. Respondent states that the primary query of the Appellant arises out of demolition of the unauthorised construction on property number C-17, South Ex, Part-1, New Delhi. The Respondent further stated that the Appellant's claim that the demolition action was carried out without service of any show cause notice for unauthorised construction, is factually incorrect. In fact, the show cause notice for unauthorised construction was duly sent and speed post receipts to that effect are available in official records. Respondent is directed to send the said postal receipts to the Commission, as proof of service.

Decision:

The Respondent has sent a copy of the Dispatch register, indicating that a communication dated 02.04.2018 had been sent to Almora Gram Committee with copy marked to SHO, KM Pur and OI. This is accompanied by a copy of the Show cause Notice u/s 345A DMC Act issued on 16.03.2018 and the relevant postal receipt in this regard. Since the said documents are found on record, no further information is required to be furnished in this regard.

In so far as the Appellant's grievance about non receipt of information against query no. 21 is concerned, it comprises the Appellant's own complaints. The PIO is not bound to provide copies of the same as is the well settled position of law. Therefore, no directions are passed in this regard also.

Since point-wise information has already been provided, the Commission does not wish to interfere with the replies of the Respondent in this case.

The appeal is thus disposed off.

Y. K. Sinha ( वाई. के . िस हा) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) Page 3 of 4 Ram Parkash Grover (राम काश ोवर) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4