Central Information Commission
Mr. C K Rejimon vs Mcd, Gnct Delhi on 10 January, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002801/10873
Appeal No. CIC/SG/A/2010/002801
Relevant Facts emerging from the Appeal:
Appellant : Mr. C K Rejimon
453 Nav Sansad Vihar
Plot 4, Sector 22,
Dwarka, New Delhi 110077
Respondent : Mr. Rajesh Khanna
PIO & SE Municipal Corporation of Delhi Nazafgarh Zone, Near Water Tank Building, Nazafgarh Road, Delhi RTI application filed on : 04/03/2010 fees of Rs.10/- paid on 23/04/2010.
PIO replied : 18/05/2010 First appeal filed on : 20/05/2010 First Appellate Authority order : No order Second Appeal received on : 04/10/2010 Sl. Information Sought Reply of the Public Information Officer (PIO)
1. Please provide the definition (as per MCD Act/Rules Not under the purview of RTI.
and other documents) Farm House, Farm Land.
Agriculture Land and Non Agriculture Land.
2. As per recent news report court has given clear The information sought is apparently not clear. The direction. Please provide applicant is requested to attend the office Implementation status of court directions. 11V4L3)/Najafgarh Zone, Najafgarh on any working day between 2.00 P.M. to 4.00 P.M. within 30 days for inspection of the documents and copy of the desired documents shall be provided as per the provisions of RTI Act, 2005.
3. Please provide the list of Farm Houses Sealed along No specific survey has been conducted by this Zone.
NH8 and Dwarka Link Road.
4. Have the Delhi Police Submitted list of 1000 farmhouse No such list has been received in this office.
include any on the NH-8 and Link Road?
If so please provide list available with MCD.
5. As per report the bench asked fix accountability and This does not pertain to this office.
identify engineers who allowed the illegal Construction, Have MCD Najafgarh Identified the engineers? If so provide list.
6. What is the current status of Survey of Farm Houses in Information not available with this ofiice.
Najafgarh area and its progress. If the Survey completed, please provide access to information.
7. As on Feb 2010 have MCD/DDA team conducted any The applicant is requested to attend the office sealing or demolition on these two roads? If 11V4L3)/Najafgarh Zone, Najafgarh on any working so please provide the copy of the order and list of day between 2.00 P.M. to 4.00 P.M. within 30 days for properties sealed and list of properties excluded and inspection of the documents and copy of the desired Reason recorded for exclusion. documents shall be provided as per the provisions of RTI Act, 2005.
Page 1 of 28. As per HC's direction in 2005, 18 properties facing on Same as point no.2.
NH-8, were to be sealed )demolished, causing traffic hazard ,an Action was initiated by team headed by Sh. K J Rao , court commissioner appointed by Supreme court.
a. Please provide status of court implementation in this matter?
9. Please provide the list of staffs that were involved in the This pertains to the Chief Town Planner, MCD.
above farm house enforcement, building failed to submit annual transaction and assets reports as per conduct rules.
10. Have any of the farmhouse/land marked for land The complaint is to be lodged to the authority vested acquisition located in the above mentioned area (NH-8 with jurisdiction of the area. and Link Road), if so list through website.
Order of the First Appellate Authority (FAA):
Hearing was not given and hence no order.
Grounds for the Second Appeal:
Incomplete and non satisfactory reply from the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Appellant : Absent;
Respondent : Mr. R. S. Garg, AE(Civil) on behalf of Mr. Rajesh Khanna, PIO & SE The PIO should have provided the information on query 3 & 7 and should have transferred queries 1, 2, 4, 5, 6 & 8 to PIO (Building Head Quarter). Query-09 should have transferred to the PIO/Chief Town Planner.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information on query- 03 & 07 to the Appellant before 25 January 2011.
He is also directed to transfer the queries 1, 2, 4, 5, 6 & 8 to PIO (Building Head Quarter) and Query-09 to the PIO/Chief Town Planner alongwith a copy of this order before 12 January 2011.
The PIO(Building Head Quarter) and PIO/Chief Town Planner are directed to provide the information to the Appellant before 05 February 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 January 2011 In any correspondence on this decision, mention the complete decision number.)(VMK) Copy through Mr. R. S. Garg, AE(Civil) to:
1- PIO/Chief Town Planner 2- PIO(Building Head Quarter) Page 2 of 2