Central Information Commission
Shri.Krishan Gopal Kaushik vs Mcd, Gnct Delhi on 14 February, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/003636/17357
Appeal No. CIC/SG/A/2011/003636
Relevant Facts emerging from the Appeal
Appellant : Sh. Krishan Gopal Kaushik
206/1A, Street No 5
Padam Nagar,
Delhi --110052
Respondent : Public Information Officer
Municipal Corporation of Delhi Office of EE (bldg) Sadra Paharganj Zone New Delhi RTI application filed on : 26/09/2011 PIO replied : 16/10/2011 First Appeal : 09/11/2011 First Appellate Authority order : 08/12/2011 Second Appeal received on : 19/12/2011 Information Sought:
Provide the information regarding the property no 235, Gali no - 7
1. Please confirm if the MCD has given any sanction or approved the layout map.
2. if yes , provide the copy of the map and also arrange physical inspection of the file by the applicant
3. If no sanction is granted, then provide the inspection report.
4. Action taken recommended report.
Reply of the CPIO:
1. Information sought by the applicant through this point is regarding sanction or approved layout map which pertains to CTP Pept. Moreover; as per available record, bldg. plan has been sanctioned for the property no. 235, Gali No. 7, Padam Nagar,by this office
2. Information sought by the applicant thought this point is that as per BBL-l983 chapter 18 section 12 "No person shall be entertained other than the owner and duly appointed architect or authorized person having authority letter in writing from the owner. So, the owner/applicant is advised to refrain for deputing authorized person to unnecessarily remain on visiting the office which serves little constructive purpose."
3. same as (1) above
4. Information sought by the applicant through this point is that bldg. plan has already been sanctioned dt. 31.05.11 for the property no. 235, Gali No. 7, Padam Nagar,by this office vide no. 65/B/SPZ/19.04.11.
Grounds for the First Appeal:
Information provided is irrelevant, false and vague.
Order of the FAA:
FAA upheld the decision of the CPIO.
Grounds for the Second Appeal:
Information provided is unsatisfactory.
Relevant Facts emerging during Hearing:
The following were present Appellant: Sh. Krishan Gopal Kaushik Respondent: Mr. SK Singh, AE (B)/SPZ on behalf of the PIO & SE/SPZ Mr. Subhash Todian The PIO has refused to give information on query 2 by quoting building bye-laws. As per the provisions of Section 22 of the RTI Act: "The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act." Thus, building bye-laws cannot be given as a reason to refuse the information. Refusal of information under the RTI Act should be based only on the exemptions of Section 8(1) of the Act.
Decision:
The Appeal is allowed.
The PIO is directed to give the information on query 2 to the Appellant before 01st March 2012.
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 14 February 2012 In any correspondence on this decision, mention the complete decision number.) (PG)