Central Information Commission
Mr.Sanjay Kumar Gupta vs Mcd, Gnct Delhi on 4 July, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000698/13232
Appeal No. CIC/SG/A/2011/000698
Relevant Facts emerging from the Appeal
Appellant : Mr. Sanjay Kumar Gupta.
R-6, Nehru Enclave,
Kalkaji. New Delhi
Respondent (1) : Mr. S. P. Sharma
PIO & Assistant Director (Vigilance), Municipal Corporation of Delhi, Vigilance Department, 26th Floor, Dr. SPM Civic Center, Minto Road, New Delhi (2) : Chief Vigilance Officer Municipal Corporation of Delhi, Vigilance Department, 26th Floor, Dr. SPM Civic Center, Minto Road, New Delhi RTI application filed on : 30/11/2010 Transfer to PIO DDA : 07/12/2010 Transfer to director DDA : 14/12/2010 Transfer to Dy. Commissioner, MCD: 04/01/2011 Reply of Asst. Commissioner, MCD : 30/12/2010 Reply of PIO Building Dept. : 31/12/2010 Reply of Asst. Commissioner, MCD : 05/01/2011 First appeal filed on : 31/01/2011 First Appellate Authority order : 09/02/2011 Sl. Information sought by the appellant Reply of the PIO
1. Whether the commercial activities be 1.On 30/12/2010: The matter pertains to building department carried out in full residential area of J-
2. on 31/12/2010: Applicant can consult chapter 15 of MPD-2021 3/14 DDA flats? Give the details about (specially 15.4 read with its terms and conditions) for the the related law? information sought him through this point
2. Whether any permission has been given 1. On 30/12/2010: The trade license is at J-3/14 DDA Janta flats by MCD for showroom named "Crystal KalKaji, N.Delhi Gift Item" in J-3/14 DDA Janta flats 2. on 31/12/2010: .As per record, this office has not granted any KalKaji, N.Delhi? permission for commercial use of the flat under reference
3. Can the map of J-3/14 DDA Flatsbe 1. On 30/12/2010: The matter pertains to building department altered and the shutter can be put on other
2. on 31/12/2010: the booklet regarding addition / alteration in side? Give the details about the law. DDA flats is available with the office of Ex Engineer (Bldg.).
HQ, MCD, Town Hall. Delhi-110006 on payment of Rs50/- for general public, which is self explanatory on the subject Same can be obtained from that office on Payment as stated above
4. Can the construction of 4 floors be done 1. On 30/12/2010: The matter pertains to building department on 1 floor J-3/14 DDA flats? 2. on 31/12/2010: same as 3
5. Can the owner of J-3/14 janta flat 1. On 30/12/2010:the matter pertains to works department.
construct 10 to 12 feet chabutra and 2. on 31/12/2010: This point does not relate to this office, matter Page 1 of 3 occupy the governmental land? being encroachmentton govt. land
6. Which authority is responsible for 1. On 30/12/2010: The matter pertains to this department damage cause to life and property due to 2. on 31/12/2010: Information sought through this point does not illegal and weak house in J-3/14 DDA come under the domain of information as per clause 2(1) of the flats Kalkaji? RTI Act -2005
7. If the four floor cannot be constructed 1. On 30/12/2010: The matter pertains to this department then which authority is responsible for 2. on 31/12/2010: same as 6 the construction? What action has been taken against them?
8. If no action has been taken against these 1. On 30/12/2010: The matter pertains to this department authorities then what are the reason for 2. on 31/12/2010: same as 6 it?
9. Why the building was not sealed even 1. On 30/12/2010: The matter pertains to this department after the complaint about it? 2. on 31/12/2010: same as 6
10. Why the building is not demolished even 1. On 30/12/2010: The matter pertains to this department after the complaint about it? 2. on 31/12/2010: same as 6
11. Give the name and designation of 1. On 30/12/2010: The matter pertains to this department authority responsible for not sealing and 2. On 31/12/2010: same as 6 demolishing the building even after the complaint?
12. Why no legal action has been taken 1.
On 30/12/2010: The matter pertains to this department against the house owner? 2.
On 31/12/2010: same as 6
13. What all legal action can be taken against 1.
On 30/12/2010: The matter pertains to this department the authorities responsible for it? 2.
On 31/12/2010: same as 6
14. To whom the complaint can be made 1.
On 30/12/2010: The matter pertains to this department against these authorities? Give the name, 2.
On 31/12/2010: Complaint against the staff can be designation and address of the authority. lodged with the Deputy Commissioner. Central Zone S.E-I and SE-l1 of this zone at Zonal Office, Shiv Mandir Marg, Lajpat Nagar-ll, New Deli
15. Why the allotment was not cancelled 1. On 30/12/2010: The matter pertains to this department even after the complaint? 2. on 31/12/2010: This point does not relate to this office.
Applicant can file separate application with the DDA as per circular/letter No 10/0212008 -- IR. dated 12-6-2008 of the D.O.P.T_ Govt. of India Grounds of the First Appeal:
Information provided is not satisfactory Order of the FAA:
PIO is directed to provide photocopies of chapter 15 of MPD-2021 to the appellant, free of cost, within 15 days of issue of this order. As information available with the department is provided, for grievance part of the application, PIO may take steps to redress the same.
Ground of the Second Appeal:
Information provided is not satisfactory Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Sanjay Kumar Gupta;
Respondent: Mr. S. P. Sharma, PIO & Assistant Director (Vigilance);
The Appellant had filed a complaint with the Municipal Commissioner of MCD on 19/10/2010 drawing his attention to the fact that in a place where only single storey building is permitted a four storied building had been constructed and in a residential area a big shop by the name of Crystal Gift Items is being operated. Since he saw no action being taken he filed the RTI application asking about the action taken on his complaint and through various queries was trying to raise the conscience of MCD officers. Instead of taking any action MCD officers kept shunting the RTI application from office to office and it was also sent to the Vigilance Department. Everyone has stated that they were unaware of this. The Commission asked the PIO Vigilance Mr. S .P. Sharma whether it had taken any action in this matter and he states that the vigilance Page 2 of 3 department is understaffed and can only deal with limited matters. His claim appears to be is that the vigilance department is overwhelmed and hence even when illegal activities are brought to its notice, it takes no action unless the Chief Vigilance Officer directs investigation to be undertaken.
The Commission realizes that if the Vigilance Department cannot take cognizance of illegal activities brought to its notice it leads to a rapid proliferation of illegal activity and the legitimacy of the vigilance department itself is in question. The Commission directs the CVO to inquire into this matter and send appropriate information to the Appellant before 30 July 2011.
The Appellant also states that because he is being pursing this matter of illegal building through RTI and the officials who should be taking action are not taking any action, three people came and threatened him on 06/03/2011 at about 09:30PM and told him to withdraw the RTI application. They threatened that if he does not stop pursuing this matter they will shoot him there. He has given a complaint to the SHO(Kalkaji) on 07/03/2010. The Commission directs SHO(Kalkaji) to assess the threat to the applicant and take appropriate measures to ensure his safety. A government that does not take action against illegal activities, encourages illegal activities and refuses to protect citizens who speak out against these losses its legitimacy to govern.
Decision:
The Appeal is allowed.
The Commission directs the Chief Vigilance Officer (CVO) to inquire into this matter and send appropriate information to the Appellant and the Commission before 30 July 2011.
The Commission expects that the SHO(Kalkaji) will take appropriate measures to ensure that no harm comes to the applicant.
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 04 July 2011 (In any correspondence on this decision, mention the complete decision number.) (AA) Copy through Appellant to:
1- SHO(Kalkaji);
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