Central Information Commission
Mr.Jyoti Rao vs Government Of Nct Of Delhi on 3 November, 2011
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001909
Date of hearing : October 24, 2011
Date of decision : November 3, 2011
Parties:
Appellant
Smt. Jyoti Rao
President, RWA
Mahatma Gandhi Marg,
Raj Nagar 2,
Palam Colony,
Dwarka,
New Delhi - 110 077
Represented by: Appellant in person with Sh. Ramakant Rao, General Secretary
Respondent
CPIO,
SDM,
Najafgarh Zone,
Delhi
Represented by: Sh. Ashwini Kumar, Tehsildar, Palam.
Information Commissioner(s) : Mrs. Annapurna Dixit
_______________________________________________________________
In the Central Information Commission
at
New Delhi
File No: CIC/AD/A/2011/001909
Background
1. The Applicant filed an RTI application dated 01.04.2011 seeking information about a particular road named Mahatma Gandhi Marg, Raj Nagar - 2, Palam Colony, New Delhi as per the Revenue record, which according to the Applicant was a three decade old road but seemingly the same did not exist in the Revenue records. The PIO viz. the Office of the SDM, Najafgarh responded vide letter dated 29.04.2011 stating that the information as sought by the Applicant being unavailable in the office of the PIO could not be provided. Furthermore, the PIO advised the Applicant to provide the Khasra No. of the nearby plot in order to ascertain the information sought by the Applicant from the revenue records.
2. Aggrieved with the response of the PIO, the Applicant filed a First Appeal on 24.05.2011 reiterating the contents of his RTI application including the allegations that the said lane (gali) is being encroached upon by a miscreant, complaints against whom were lodged to various agencies which included demand for the demolition of the constructions on the encroached land by MCD. The demolition work which was initiated by MCD on the basis of the complaints however was subsequently stopped once the miscreant met the demolition officer incharge and it was declared that the demolition will be done by the offender himself. The Applicant reiterated that he sought a document regarding existence of the gali named Mahatma Gandhi Marg in Rajnagar II, which exists on the records of MCD, Election Commission and even DESU since the electric cable and DJB pipeline pass through the said area. The Applicant grieved about the fact that the SDM office sought the khasra number of the land, records whereof are generally available with their office itself. The Appellate Authority vide his order dated 17.06.2011 disposed of the First Appeal after hearing both the parties viz. the PIO/SDM and the Appellant. Upon hearing both the parties and upon the Appellant providing the khasra number as sought by the Respondent, the PIO/SDM was directed to provide appropriate information to the Appellant in two weeks.
3. Upon non receipt of information despite the order of the Appellate Authority, the Appellant approached the Central Information Commission with the instant Appeal on 27.07.2011.
Decision
4. On the date of hearing, it was observed that both parties had submitted their contentions in written formats. The Appellant in the undated submissions reiterated the submissions as already made in the First Appeal about the said road named Mahatma Gandhi Road, Raj Nagar - II, Palam Colony, New Delhi. It was stated that the said road listed in (1) Electoral roll prepared by Electoral registration officer of the area, (2) MCD records for collecting House and other taxes, (3) Delhi Jal Board for laying of water supply pipes and (4) Electricity department for supplying electricity and collection of electricity charges and also that the said road was also recognized by the postal department as well as courier companies for the delivery of mails. The Appellant further contended that a particular person encroached upon the road gradually constructing a building over it thereby dividing the road into two parts. The Appellant also narrated that complaints lodged with the MCD and police having proved futile, a civil suit was filed by the residents of the area which led to the SDM being summoned to submit a report about the existence of the road. The Revenue Officer thereafter submitted an ambiguous and confusing report in the Court which was assumed to have been submitted with malafide intention and led to the Learned Judge noting in his order that as per the report of the SDM of the area, no road existed at the point of dispute. The Civil suit was eventually dismissed as withdrawn and the encroacher under the garb of the said noting in the Learned Civil Judge's order, encroached upon the remaining portion of the road thus dividing the road into two pieces.
5. The Respondent too had submitted their part of the contentions by a communication dated 21.10.2011 reiterating the aforementioned facts and adding that in compliance with the directions of the First Appellate Authority, appropriate reply available with PIO/SDM had been furnished to the Appellant on 14.07.2011. Copy of the said letter dated 14.07.2011 indicates that as per the records of the Respondent, there is no existence of the said gali or Marg against the Khasra No as submitted by the Appellant. It is noteworthy that documents originating from the MCD have not only recognized the existence of the said gali and the encroachment upon the public land, but also issued demolition orders of the unauthorized construction as alleged by the Appellant in August 2011. It was orally submitted that the said demolition could not take place as the Revenue records did not indicate existence of any such gali/Marg thereby negating the possibility of encroachment on public land.
6. The Appellant orally submitted during the hearing that such encroachment on the land has led to the residents of the area taking a detour of a kilometre to reach any facility such as a hospital, school, bus stop, etc. which could be accessed through the gali/Marg. In fact the said unauthorized construction raised by a local miscreant has also led to the breeding of unsocial elements in the residential area thereby forcing the hapless residents to make specific arrangements for the safety of the families inhabiting in the area. Thus apart from causing hardships in freely accessing the facilities across the road, the unauthorized construction raised upon encroached land is also raising safety and security concerns for the local inhabitants. The Respondent orally admitted that the said area is not a regularized area and therefore their records do not indicate the said gali/Marg. He however did not rebut the contentions of the Appellant outrightly.
7. In the facts and circumstances of the case, it is clear that the there is no mention of the said road in the records of the Revenue department. Hence no information can be authorized for disclosure . The Commission however, directs the Respondent to furnish the copies of documents, as placed in the Court records in the said civil suit, to establish that their records do not show the existence of the said gali/Marg in dispute. It may also be clarified by the Respondent whether in case of such irregular colonies, such lanes/bylanes are featured generally or not.
8. In addition to the above, the undersigned also strongly recommends that the MCD Commissioner, convene a meeting with the harassed members of the RWA, preferably before the end of November, 2011 in order to allow the residents to air their grievances about the hardships being faced by them because of the encroachment, and take appropriate action to ensure that the rights of these citizens to the basic civic amenities of safety and proper living are not compromised. It is also suggested that MCD take appropriate legal remedy to demolish the structure which apparently is creating nuisance in the area.
9. The case is disposed on the above terms.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Deputy Registrar Decision announced in open court of Information Commissioner, Mrs. Annapurna Dixit on 3 November, 2011.
Cc:
1. Smt. Jyoti Rao President, RWA Mahatma Gandhi Marg, Raj Nagar 2, Palam Colony, Dwarka, New Delhi - 110 077
2. CPIO, SDM, Najafgarh Zone, Delhi
3. Shri K.S.Mehra Commissioner Municipal Corporation of Delhi Dr.S.P.Mukherjee Road Civic Centre Jawaharlal Nehru Marg Minto Road New Delhi
4. Officer in Charge, NIC