Central Information Commission
Sudesh Kumar Goyal vs North Delhi Municipal Corporation ... on 31 July, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka
New Delhi-110067
CIC/NDMCE/A/2017/108807
CIC/NDMCK/A/2017/143118
CIC/NDMCR/A/2017/123104
CIC/NDMCK/A/2017/143156
CIC/NDMCK/A/2017/143106
CIC/NDMCR/A/2017/122853
CIC/DDATY/A/2017/108806
Date of Hearing : 29-06-2018
Date of Decision : 31-07-2018
Appellant/Complainant : Sudesh Kumar Goyal
Respondent : PIO
EE(Build.)/KBZ,
NDMC
Building Department
2. PIO/Assistant Director -(IL)&PIO ,
Delhi Development Authority
3. Public Information Officer under
RTI Executive Engineer -(bldg.) -II
/Rohini Zone , North Delhi
Municipal Corporation
4. Public Information Officer under
RTI Executive Engineer - (M-RZ-IV)
/Rohini North Delhi Municipal
Corporation
5. PIO/EE-(M-II)/K.B. Zone,
NDMC
Information Commissioner : Shri Yashovardhan Azad
Case No. RTI filed on CPIO reply First appeal FAO
108807 13.10.2016 04.11.2016 24.11.2016 04.01.2017
143118 13.10.2016 04.11.2016 24.11.2016 04.01.2017
123104 17.10.2016 22.12.2016 29.12.2016 - -
143156 29.12.2016 03.02.2017 15.02.2017 03.04.2017
143106 19.01.2017 14.02.2017 28.02.2017 03.04.2017
108806 05.04.2016 08.12.2016 29.12.2016 - -
122853 17.10.2016 07.11.2016 14.12.2016 06.01.2017
Since the parties in all of the above cases are common, the matters
are clubbed for the purpose of effective adjudication.
CIC/NDMCE/A/2017/108807
CIC/NDMCK/A/2017/143118
Information soughtand background of the case:
Vide RTI applications dated 13.10.2016, the appellant sought information regarding unauthorised construction activities which are continuously going on uninterruptedly. In this regard appellant sought copy of following registers as maintained by the concerned NDMC officials of Karol Bagh, for the period of 01.01.2011 till date:-
i. Complaint Register ii. FIR Register iii. Demolition Register iv. Missal Band Register
PIO/Executive Engineer (B) KBZ vide letter dated 04.11.2016 furnished reply received from concerned officials as under:-
"The applicant may inspect the available concerned record on 22.11.2016 between 02.00 PM to 04.00 PM and obtain the copy of desired document after deposit of the fee of Rs.2/- per page as per the provisions of the RTI Act."
Dissatisfied with response received from CPIO, the appellant filed first appeal on 24.01.2016. FAA/Superintending Engineer vide letter dated 04.1.2017 directed PIO/EE(B), KBZ to provide amended reply to the appellant within 10 days. In compliance of order of FAA, PIO/EE(B)KBZ through vide letter dated 19.01.2017 provided information under as-
"Voluminous information/bulk record has been sought by the applicant which requires being compiled from various registers and not readily available to supply. However, if required the applicant may inspect the available record on 30.01.2017 between 02.00 PM to 04.00 PM and note the required information or obtain copy of desired document after deposit the fee of Rs 2/- per page as per the provisions of RTI Act."
Still aggrieved, the appellant approached the Commission.
CIC/NDMCR/A/2017/123104 Information sought and background of the case:
Vide RTI application dated 17.10.2016, the appellant sought information as under:-
a. Whether there is provision of municipal drainage system in back lanes or not?
b. Who is responsible for cleaning the service lanes? c. Supply the copy of complete record relating to inviting and grant of last 3 tenders for erecting/building up of drains in this pocket? Also supply the copy of record of completion of tender work for this pocket.
d. Supply the present design/drawing/layout of drainage system in this pocket.
e. Copy of complete record for maintenance of drains in this pocket. f. List of houses booked for unauthorised construction and encroachment on public land in this pocket. Also supply the copy of record of action taken for unauthorised construction and encroachment on public land in this pocket.
g. Name, address and phone numbers of concerned officials, responsible for taking care of this pocket.
PIO/EE(Bldg.)-II/Rohini Zone vide letter dated 22.12.2016 furnished reply received from JE(B)/RZ as under:-
1 (a to d)- As per available records, no information is available with this office.
2 (a to e) - Same as (1) above.
f- The details of booking against unauthorized construction is available on the website of MCD i.e. www.mcdonline.gov.in which is available in public domain.
g- At present Sh. Jitender Panchal JE(B) & Sh. Sharad Kumar Gupta AE(B) are posted in the area of A-5, Sector-16, Rohini.
Dissatisfied with response received from PIO, the appellant filed first appeal and same remained unheard. Feeling aggrieved as not received desired information, the appellant approached the Commission.
CIC/NDMCK/A/2017/143156 Information sought and background of the case:
Vide RTI application dated 29.12.2016, the appellant sought copy of certificates alongwith action taken report, if any, issued by concerned Junior Engineer regarding unauthorized constructions/ encroachment for Karol Bagh zone, for the period of 01.01.2011 till date. PIO/EE (B) KBZ vide letter dated 03.02.2017 furnished reply received from OI(B)/KBZ and AE(B)/KBZ informed as under:-
"No separate Court order wise record is maintained/available. However, time to time action has been initiated against the unauthorized construction as per DMC Act. Further, also voluminous information has been sought by the applicant which requires being compiled from various registers and files and not readily available on record in the format as required by the applicant. However, ease of access of information the details of unauthorized construction since 2001 are uploaded on MCD website and can be viewed on public domain www.mcdonline.gov.in or if required the applicant may inspect the available record of unauthorized construction on 22.02.2017 between 02.00 PM to 04.00 PM and note the required information or obtain the copy of desired documents after deposit the fee of Rs. 2/- per pages as per provision of RTI Act."
Dissatisfied with response received from PIO, the appellant filed first appeal. FAA/Superintending Engineer (KBZ) vide letter dated 03.04.2017 directed the PIO/EE(B), KBZ to furnish amended reply to the appellant within 10 days. In compliance of FAO, PIO/EE(B)/KBZ vide letter dated 28.04.2017 furnished amended reply to the appellant. Still aggrieved, the appellant approached the Commission.
CIC/NDMCK/A/2017/143106 Information sought and background of the case:
Vide RTI application dated 19-01-2017 the appellant sought information regarding unauthorised construction activities which are going unhindered in the entire Karol Bagh Zone for the period of 1-1-2011 till date. He sought details of all properties against which FIR has been lodged with Police; Copy of all such complaints filed by MCD-North; Particulars of FIR number, date of lodge complaints, date of registration of FIR, name of Police Station and current status and other related information on five points. CPIO/EE (B)KBZ vide letter dated 14-02-2017 furnished reply received from concerned as under:-
1. Voluminous information has been sought by the applicant which requires being compiled from various registers and files and not readily available on the format reqd. by the applicant. However, if reqd. the applicant may inspect the available record on 02-03-2017 between 2.00 pm to 4.00 pm and note the reqd. information as per provision of RTI act.
2. The applicant may inspect the available record on 2-03-2017 between 2.00pm to 4.00pm and note the reqd. information or obtain the copy of desired documents after deposit the fee of rs2/- per page as per the provision of RTI Act.
3. As above (a)
4. As above (a)
5. As Above (a) Being dissatisfied, the appellant filed first appeal on 28-02-2017.
FAA/Superintending Engineer vide letter dated 03.04.2017 directed the PIO/EE(B), KBZ to furnish the amended reply to the appellant within 10 days. AE (B) KBZ sent a letter in compliance of 1ST Appellate Authority's order dated 3-04-2017 the amended reply as under:-
a. Detailed list of properties against which FIR has been lodged with the police station w.e.f. 21-10-2014 to 29-09-2016 (which is available on computerized record of OI.Bldg) is enclosed herewith. Rest of the information is very voluminous which is being compiled from various registers and files and not readily available on the format as reqd. by the applicant. However ,if reqd. the applicant may inspect the available record on 7-05-2017 between 2.00 pm to 4.00 pm and note the reqd. information as per provision of RTI Act.
b. The applicant may inspect the available record on 07-05-2017 between 2.00 pm to 4.00pm and note the reqd. information or obtain the copy of desired documents after deposit the fee of Rs 2/- per page as per the provision of RTI Act.
c. As above (a) d. As above (a) e. No such compiled information is available on record of this office.
Feeling aggrieved as not received desired information, the appellant approached the Commission.
CIC/DDATY/A/2017/108806 Information sought and background of the case:
Vide RTI application dated 05-04-2016 , the appellant sought information regarding DD club near Anubhav Apartments , Sec 13,Rohini,Delhi 85. Appellant seeks the copy of record / policy under which the land is allotted to DD Club, and the copy of request letter/application etc. through which process of allotment of land for this club was initiated. Appellant also sought all the relevant information regarding DD club in 11 points. Appellant requests to inspect the entire relevant record as per rules.
CPIO/Asstt. Director (IL) replied dated 08-12-2016 requested to attend office on any working days between 02:30 PM to 5:00 PM to inspect the documents related to DD Club.
Dissatisfied with the reply of CPIO, appellant filed first appeal dated 29-12- 2016 and same remained unheard. Feeling aggrieved as FAA did not furnished the information, the appellant approached the Commission.
CIC/NDMCR/A/2017/122853 Information sought and background of the case:
Vide RTI application dated 17-10-2016, the appellant sought information regarding the municipal drainage system in Pocket A-5, Sec 16, Rohini, Delhi, that whether there is a provision of municipal drainage system in back lanes or not, who is responsible for cleaning service lanes, Appellant requests to supply the copy of complete record relating to tenders for erecting or building drains in this pocket and present design or drawing of drainage system in this pocket and complete record for the maintenance of drains in this pocket. Appellant also sought information regarding the unauthorised construction and encroachment on public land in this pocket.
CPIO replied dated 07-11-2016 in the following points a. To point A,CPIO states No such information is available in this office b. To point B, CPIO states Matter pertains with SSIRZ c. To Point C, no work is carried by this division in current financial year. d. To point D, as above reply No. a e. To point E, as above reply No. a f. To point F , matter of unauthorised construction pertains to building department RZ and no action removal programme done in this pocket. g. To point G, Bldg. department for unauthorised construction and work department for encroachment.
Dissatisfied with the reply of CPIO the Appellant filed first appeal. FAA vide letter dated 06-01-2017 information has already been provided to the appellant. Being Dissatisfied with FAO, appellant approached the commission.
Facts emerging in Course of Hearing:
The appellant is absent despite notice. All the respondents are present and heard at length. Since the tenor of all the appeals is predicated upon construction activity in the NCR area, they are taken up together.
All the respondents have reiterated their respective stand in course of hearing. They submit that despite furnishing adequate information, the reasons of dissatisfaction of the appellant are unknown.
The respondents from DDA submit that an opportunity for inspection was granted to the appellant to inspect voluminous records whose copies could not be provided but the appellant did not avail the opportunity. Upon a query by the Commission as to why precise queries made by the appellant were not responded to, the respondent submits that since file was voluminous, the appellant was advised to inspect.
Similarly, the respondents from North DMC, Karol Bagh Zone submits to have furnished complete information. Upon a query, they submit that a list 192 properties booked for unauthorized construction was furnished to the appellant. It is further submitted that booking files & copies of notices sent to unauthorized occupants under the DMC Act were voluminous and hence, denied under Section 7(9) of the RTI Act since furnishing the same could have caused disproportionate diversion of the resources.
Decision:
After hearing the respondents and perusal of records, the Commission finds that the respective RTI queries have been handled appropriately. The appellant had sought voluminous information and despite all constraints, the desire of appellant has been met with to the best possible extent. The appellant further chose to remain absent and did not substantiate as to how the respective replies of respondents were inadequate. Given the volume of queries raised, the Commission directs closure of present appeals. Dismissed.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P. Grover) Designated Officer