Central Information Commission
Chatar Singh Rachhoya vs North Delhi Municipal Corporation ... on 22 January, 2020
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal Nos.CIC/NDMCN/A/2018/115412/NDMCH
CIC/NDMCR/A/2018/118655
CIC/NDMCR/A/2018/118654
CIC/NDMCN/A/2018/120432
CIC/NDMCN/A/2018/120431
CIC/NDMCN/A/2018/120435
CIC/NDMCR/A/2018/120437
CIC/NDMCL/A/2018/120436
CIC/NDMCN/A/2018/120434
Shri Chatar Singh Rachhoya ... अपीलकताग/Appellant
VERSUS/ बनाम
1. PIO/Asstt. Commissioner/Narela Zone, NDMC ...प्रनतवादीगण /Respondents
2. PIO/EE-(M-II)/Narela Zone, NDMC
3. PIO/Asstt. Commissioner/Rohini Zone, NDMC
4. PIO-(FL), NDMC, Factory Licensing
Department
5. PIO/Dy. Assessor & Collector/NDMC,
Assessment & Collection Department/Rohini
Zone
6. PIO/Dy. Chief Fire Officer,
Delhi Fire Service (Govt. of NCT of Delhi)
7.PIO/O/o. the Director-(ISH),
Directorate of Industrial Safety & Health,
Labour Department (Govt. of NCT of Delhi)
8. PIO/EE(Bldg.)-I/Rohini Zone, NDMC
9. PIO/EE(B)/Narela Zone, NDMC
10. PIO/Admn. Officer-Factory LIC./HQ.,NDMC
Page 1 of 12
11. PIO/Architect Assistant/Town Planning,
NDMC
12. PIO/EE-(B-II)/Rohini Zone, NDMC
13. PIO/EE-(M-II)/Narela Zone, NDMC
14.PIO/O/o. the EE-(M-112), Public Works
Department (Govt. of NCT of Delhi)
Through: Sh. A K Singh - EE(M-I), Narela Zone,
Sh. Praveen Deol-AE, Sh. Sanjeev Mudgal -EE(B-
II), Sh. R K Verma - AE(B), Sh. K S Mann - EE(B),
Sh. P K Goswami - Dy. Dir. , Sh. Raj Singh -EE,
Sh. D B Mukherjee - PIO(OPN)
Date of Hearing : 31.12.2019
Date of Decision : 22.01.2020
Information Commissioner : Shri Y. K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case No. RTI Filed on CPIO reply First appeal FAO
115412 20.06.2017 31.07.2017 16.12.2017 23.01.2018
118655 01.12.2017 19.01.2018, 03.01.2018 --
22.01.2018,
31.01.2018,
05.02.2018,
19.02.2018
&
22.02.2018
118654 16.10.2017 26.12.2017 21.11.2017 26.12.2017
120432 16.10.2017 29.11.2017 21.11.2017 08.01.2018
120431 25.10.2017 30.11.2017 03.01.2018 25.01.2018
28.12.2017
&
18.01.2018
120435 08.11.2017 29.11.2017 12.12.2017 08.01.2018
120436 26.12.2017 04.01.2018 11.01.2018 25.01.2018
&
08.02.2018
120434 19.10.2017 02.11.2017, 16.12.2017 08.01.2018
01.12.2017
&
Page 2 of 12
14.12.2017
120437 08.11.2017 -- 13.12.2017 12.01.2018
Information soughtand background of the case:
CIC/NDMCN/A/2018/115412/NDMCH Appellant filed RTI application dated 20.06.2017 seeking information on five points:-
1. How much of the land along the adjacent to service lanes, on the side of the residents, does belong to the PWD?
2. Has encroachment from Metro Pillar No. 51 to 500, Rohtak Road, Nangloi been removed? If yes, provide the photocopy of the same.
3. Has encroachment on drains from Metro Pillar No. 355 to 5000, Rohtak Road Nangloi been removed? If yes, provide the photocopy of the same. If no, when will it be removed?
4. When will the vendors from service lane, Metro Pillar No. 375 to 395 Nangloi Chowk be removed to ease traffic?
5. When will the cemented sheds, building material etc be removed from the service lane Metro Pillar No. 411 to 425, Nangloi?
PIO/Asstt. Commissioner, Narela Zone vide letter dated 31.07.2017 provided information against points no. 2, 3, 4 and 5 and on point no. 1 it was informed that it does not pertain to that branch.
Being dissatisfied, the Appellant filed First Appeal dated 16.12.2017. FAA vide order dated 23.01.2018 upheld the reply of PIO and disposed off his first appeal.
Feeling aggrieved as dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Facts arising during the course of hearing:
Appellant had come for hearing but excused himself on account of ill health and requested that the case be decided on the basis of records. Since respondent is present, hearing was held and it was submitted by the Respondent that information as available was provided by them while transferring the RTI application to the EE(C)-West, PWD.
Decision In view of the respondent's submissions, the Commission hereby directs that a Notice be sent to the PIO/EE(C)-West, PWD with directions to provide complete information falling within his jurisdiction. The PIO/EE(M-II), Narela Zone-Sh. A K Singh, is also directed to send a copy of this order to the PIO/EE(C)-West, Page 3 of 12 PWD and ensure compliance of the aforementioned directions. It is made clear that non-adherence of these directions shall attract penal action as per law.
CIC/NDMCR/A/2018/118655 Appellant filed RTI application dated 01.12.2017 seeking information on seven points:-
1. Whether NOC was issued by the Pollution Control Department to the factories in J-12, J-19, J-18, G-3, G-2, F-3, F-4, F-6, H-42 and H-37 Udyog Nagar, Piragarhi.
2. Whether the factories in Udyog Nagar, Piragarhi were licensed to use large machines require in hazardous chemicals to be used?
3. Whether the machines mentioned in the attached list are safe for the health and security of the workers? Provide the copy of certificates issued by the health department in this regard.
4. Whether the factories mentioned in the attached list file house taxes? If yes, in which category. Provide certified copies.
PIO/Factory Licensing Department vide letter dated 19.01.2018 provided information against points No. 1, 2, 3, 5 and on points no. 4, 6 and 7 it does not pertain to that branch.
PIO/AZI, A7C/RZ vide letter dated 19.01.2018 provided information against point No. 4 to the Appellant.
PIO/APIO, Gr. Branch/Rohini Zone vide letter dated 22.01.2018 on point No. 1 to 7 does not pertains to that department.
PIO/ Factory Licensing Department vide letter dated 31.01.2018 on points no. 1, and 3 does not pertain to that department.
PIO vide letter dated 05.02.2018 provided information on point No. 7 to the Appellant.
SPIO/Director (ISH) vide letter dated 19.02.2018 provided information against point No. 5 and on points no. 1 to 4, 6 and 7 does not pertain to Directorate of Industrial Safety & Health.
Another reply was sent by the PIO/Assessor & Collector/Rohini Zone vide letter dated 22.02.2018 providing information on points No. 1, 3 and 6 to the Appellant.
Being dissatisfied, the Appellant filed First Appeal dated 03.01.2018. Feeling aggrieved with no response received from the FAA, Appellant approached the Commission with the instant Second Appeal.
Page 4 of 12Facts arising during the course of hearing:
A written submission has been received from the SPIO/Director (ISH) vide letter dated 11.12.2019 in this case reiterating information provided against query number 5 vide letter dated 19.02.2018 mentioned above.
Appellant had come for hearing but excused himself on account of ill health and requested that the case be decided on the basis of records. Since respondent is present, hearing was held and the Respondent/PIO, Delhi Fire Service submitted a written note dated 31.12.2019, referring to the information already provided vide reply dated 05.02.2018, providing information against query no. 7.
Decision Perusal of records of the case indicate that information as available against the queries raised by the appellant, have been provided by the respondent/s. No further adjudication is deemed necessary in this case.
CIC/NDMCR/A/2018/118654 CIC/NDMCN/A/2018/120432 Appellant filed same RTI application dated 16.10.2017 seeking information on ten points, inter alia:-
1. Provide details of action being taken by the office of the PIO on Appellant's petition No. 9042/2017 filed before the Delhi High Court.
2. Provide details of action taken by the office of the PIO on Appellant's complaint dated 25.09.2017 or 22.09.2017.
3. Provide details of action being taken by the office of the PIO on Appellant's petition No. 9042/2017 filed before the Delhi High Court.
4. Provide details of action taken against illegal constructions similar to the one taken on 07.09.2017 against Khasra No. 72/10, 72/11 and 71/26, Metro Pillar No. 489, Swarn Park.
5. Action taken report on order dated 15.09.2017 of NDMC, Narela Zone regarding demolition of illegal construction. Etc. PIO/EE(Bldg.)-II vide letter dated 26.12.2017 provided information against points No. 1, 2 and 10 and informed that points No. 3 to 9 do not pertain to their office.
In respect of File No. CIC/NDMCN/A/2018/120432 vide a reply dated 29.11.2017 the PIO/EE(B)/Narela provided point wise information to the Appellant.
Being dissatisfied, the Appellant filed same First Appeals dated 21.11.2017.
Page 5 of 12In respect of File No. CIC/NDMCR/A/2018/118654, FAA vide order dated 26.12.2017 directed PIO/EE(B)-I/RZ to give specific reply of all the points pertaining to Building Division-I, Rohini Zone as asked for by the appellant within 2 weeks.
In respect of File No. CIC/NDMCN/A/2018/120432, FAA vide order dated 08.01.2018 directed PIO/EE(B) to give parawise reply to the applicant within 7 days.
Feeling aggrieved over non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
Facts arising during the course of hearing:
A written submission has been received from PIO/EE, Rohini Zone vide letter dated 02.12.2019 in respect of file No. CIC/NDMCR/A/2018/118654, enclosing information provided against queries number 1, 2, 7, 8 & 9.
Appellant had come for hearing but excused himself on account of ill health and requested that the case be decided on the basis of records. Since Respondent is present, hearing was held and it was submitted by the Respondent that available information had been duly provided, though Narela Zone admittedly delayed the action of compliance of FAA's order by two years. The so-called compliance is just a reiteration of the PIO reply dated 26.12.2017, though Respondent claims that there are some modification in the response, particularly against points no. 8 and 9.
A written submission has been received from PIO/EE(B), Narela Zone vide letter dated 17.12.2019 in respect of file No. CIC/NDMCN/A/2018/120432, enclosing information provided against the queries, which is just a reiteration of the PIO's reply dated 29.11.2017.
Decision On examination of facts of the case, it is noted that as per submission of PIO/EE(B)Narela Zone, demolition order though passed, it is evident that no action of demolition has been taken for past two years. This is a mockery of the provisions of the RTI Act and abuse of the process of law, as such. Accordingly, the Commission is not satisfied with such a response which is just a mere reiteration by the respondents, viz. PIO/EE, Rohini Zone and PIO/EE(B), Narela Zone claiming to be in compliance with FAA's orders and therefore rejects their contentions.
Explanation is called from Sh. Sanjeev Kumar Mudgil - PIO/EE-B-II, Rohini Zone and Sh. K S Mann- PIO/EE(B), Narela Zone for such a lackadaisical approach and callous response to RTI queries, which are not only in Page 6 of 12 contravention of the FAA's orders but also defeats the spirit of transparency ensured under the RTI Act. The explanation from both the aforementioned PIOs must reach the Commission by 14.02.2020, failing which appropriate penal action shall be initiated as per law.
Both the PIOs, Sh. Sanjeev Kumar Mudgil - PIO/EE-B-II, Rohini Zone and Sh. K S Mann- PIO/EE(B), Narela Zone are further directed to supply revised reply with complete information, action taken report and current status to be provided, within 4 weeks of receipt of this order, marking a compliance report to the Commission by 21.02.2020. It is made clear that non-adherence of these directions shall attract penal action as per law.
CIC/NDMCN/A/2018/120431 Appellant filed RTI application dated 25.10.2017 seeking information on five points:-
1. Map for which of the buildings/shops/factories/trading units and godowns were passed by the Building Department, Narela Zone NDMC. If no map was passed, how is it that 1000 units were built? If maps were passed, provide certified copy thereof.
2. Provide details of the buildings/ shops/factories/trading units and godowns that were built as per passed maps. If any of these were built without passing of maps, provide details of action taken in this regard by the Building Department, Narela Zone NDMC.
3. Of the 130 building mentioned in the attached list, how many are authorized? Provide certified list of buildings/shops/factories/trading units and godowns that are run illegally.
4. Of the 130 buildings mentioned above, how many have been issued license and how many of them have applied for it?
5. Provide the details of officer responsible for checking these illegal shops/factories and action being taken against these shops/factories.
PIO/EE(B)/Narela vide letter dated 30.11.2017 provided point wise information to the Appellant.
PIO/Factory Licensing Department vide letter dated 28.12.2017 provided information against points No. 2, 3, 4 and 5 and on point No.1, he was informed that it does not pertain to Factory Licensing department Vide another reply the PIO/Asstt. Commissioner, Narela Zone by letter dated 18.01.2018 provided point wise information to the Appellant.
Being dissatisfied, the Appellant filed First Appeal dated 03.01.2018. FAA vide order dated 25.01.2018 upheld the reply of PIO's letter dated 28.12.2017 and disposed off his appeal.
Page 7 of 12Feeling aggrieved as dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts arising during the course of hearing:
Appellant had come for hearing but excused himself on account of ill health and requested that the case be decided on the basis of records. Since Respondent is present, hearing was held and it was submitted by the Respondent that information as available had been duly provided.
Decision Perusal of records ascertain that the Appellant was offered inspection vide PIO's reply dated 30.11.2017, which he did not avail. A status report regarding survey of Timber Market has been placed on record, during the course of hearing. The Commission directs the respondent to send a copy of the same to the appellant and submit a compliance report before the Commission by 26.01.2020. Appellant is at liberty to approach the respondent from Central Licensing Authority and PIO/AC, Narela Zone for inspection of relevant records.
CIC/NDMCN/A/2018/120435 CIC/NDMCR/A/2018/120437 Appellant filed same RTI applications dated 08.11.2017 seeking information on seven points:-
1. Provide details of action taken by the MCD/Police/Revenue Department against illegal construction for buildings/ shops/factories/trading units and godowns, a list of which was supplied by the appellant.
2. Which of the properties mentioned in above in the list have been surveyed and action being taken? Provide a copy of the survey report 9042/2017
3. Provide details of action taken in pursuance to the order of Delhi High Court dated 13.12.2017 in petition No. 9042/2017.
4. Provide a list of the property demolished in pursuance to the above mentioned order of Delhi High Court. Etc PIO/EE(B)/Narela vide letter dated 29.11.2017 provided point wise information to the Appellant.
Having not received any response in respect of file No. CIC/NDMCR/A/2018/120437 and dissatisfied, the Appellant filed First Appeal dated 12.12.2017 and 13.12.2017. In respect of File No. CIC/NDMCN/A/2018/120435, FAA passed an order dated 08.01.2018 directing PIO/EE(B) to give a the parawise reply to the applicant within 7 days.
Page 8 of 12In respect of File No. CIC/NDMCR/A/2018/120437, FAA vide order dated 12.01.2018 directed PIO/EE(B)-II/RZ(PIO) to go through the contents of the RTI application dated 08.11.2017 and furnish point-wise specific reply, free of cost, to the Appellant, within 10 days and also warned the concerned officer/official to be careful in future.
Feeling aggrieved over non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
Facts arising during the course of hearing:
A written submission has been received from the PIO/EE(B), Rohini Zone vide letter dated 02.12.2019 in respect of file No. CIC/NDMCR/A/2018/120437, whereby some reply has been provided in respect of the queries raised by the appellant.
Appellant had come for hearing but excused himself on account of ill health and requested that the case be decided on the basis of records. Since Respondent is present, hearing was held and the following facts came forth:
With respect to file no. CIC/NDMCN/A/2018/120435 the PIO/EE(B)Narela Zone submitted that information as available had been duly provided, though admittedly the action of compliance of FAA's order was delayed by two years.
With respect to file no. CIC/NDMCR/A/2018/120437, information was submitted during the course of hearing, with delay of two years, in compliance with FAA's order.
Decision On examination of facts of the case, the Commission notes that both the PIOs, viz. EE-B-II, Rohini Zone and EE-B, Narela Zone have flouted the provisions of the RTI Act in causing inordinate and unexplained delay in providing information, pursuant to the FAA's order. Hence, explanation is called from Sh. Sanjeev Kumar Mudgil - PIO/EE-B-II, Rohini Zone and Sh. K S Mann- PIO/EE(B), Narela Zone for the delay caused in supplying information and violation of provisions of the RTI Act. The explanation from both the aforementioned PIOs must reach the Commission by 21.02.2020, failing which appropriate penal action shall be initiated as per law.
Both the PIOs, Sh. Sanjeev Kumar Mudgil - PIO/EE-B-II, Rohini Zone and Sh. K S Mann- PIO/EE(B), Narela Zone are further directed to supply revised reply with complete information, action taken report and current status to be provided, within 4 weeks of receipt of this order, marking a compliance report to the Commission by 21.02.2020. It is made clear that non-adherence of these directions shall attract penal action as per law.Page 9 of 12
CIC/NDMCL/A/2018/120436 Appellant filed RTI application dated 26.12.2017 seeking information on eight points, inter alia:-
1. Provide the number of banquet halls/gardens, hotels, baratghar and community halls situated along the road from Piragarhi Chowk to Tikri Kalan Metro Station. Provide certified copies of land use of the area.
2. What is the use of the land occupied by the halls and hotels as mentioned at point No. 1 above. Provide certified copy of map of the land. Can use of land be changed without changing it in the map?
3. Whether the halls and hotels as mentioned at point No. 1 above have been approved by concerned department/police/corporation or board? If yes, provide certified copy of the approval letter.
4. Whether the halls and hotels as mentioned at point No. 1 above have parking lots in their premises? If yes, provide details of the paths leading to the parking places, whether these are approved by the NDMC? And other related information.
PIO/Arch. Asstt. vide letter dated 04.01.2018 informed that the matter pertains to EE(B)Narela Zone North DMC. Hence the RTI application was transferred to concerned deptt.
Another reply dated 08.02.2018 from EE(B)-II)Rohini Zone is found on record whereby point wise information appears to have been provided to the Appellant.
Being dissatisfied, the Appellant filed First Appeal dated 11.01.2018. FAA vide order dated 25.01.2018 stated as follows:-
"The APIO is directed to provide information to the appellant in respect of Question No. 1and 2 i.e. land use of both side of stretch as per layout plan if any and Zonal plan within 10 days. The rest of questions pertain to zonal office. The PIO/EE(B)/NRZ Narela Zone is requested to provide reply to paras pertaining to their office. In case the applicant needs any clarification, he may contact APIO or the undersigned on any working day".
Feeling aggrieved over non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
Facts arising during the course of hearing:
Appellant had come for hearing but excused himself on account of ill health and requested that the case be decided on the basis of records. Since respondent is present, hearing was held and the Respondent, PIO/EE(B) Narela Zone submitted some reply during the course of hearing. Evidently the reply suffers from delay and no reason has been assigned for the delay by the PIO.Page 10 of 12
Decision Under the circumstances, the Commission hereby directs the PIO/EE(B), Narela Zone- Sh. K S Mann to provide a revised reply with complete information, and explanation for the unreasonable delay of two years in replying to the queries, within 4 weeks of receipt of this order. Compliance report and explanation must reach the Commission by 21.02.2020. It is made clear that non-adherence of these directions shall attract penal action as per law.
CIC/NDMCN/A/2018/120434 Appellant filed RTI application dated 19.10.2017 seeking information on three points:-
1. Provide details as to when encroachment from service road, Gulshan Park.
2. Provide reasons for increasing encroachment in the area from Metro Pillar No. 395 to 495.
3. When will the encroachment on the service lane by Soniya Hospital and two godowns be removed.
PIO vide letter dated 02.11.2017 provided point wise information to the Appellant.
PIO/Public Works Department vide letter dated 01.12.2017 provided point wise information to the Appellant.
Another reply of PIO/EE(Narela)/NZ-M-II vide letter dated 14.12.2017 provided point wise information to the Appellant.
Being dissatisfied, the Appellant filed First Appeal dated 16.12.2017. FAA vide order dated 08.01.2018 directed PIO/EE(B) to give a parawise reply to the applicant within 7 days.
Feeling aggrieved over non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
Facts arising during the course of hearing:
A written submission has been received from the Asstt. Engineer (B)/NRZ vide letter dated 19.12.2019. Appellant had come for hearing but excused himself on account of ill health and requested that the case be decided on the basis of records. Since Respondent is present, hearing was held and it was submitted by the Respondent that information as available had been duly provided.Page 11 of 12
Decision Perusal of records of the case at hand reveal that substantial information has already been furnished and no further action is warranted in this case.
The appeals are thus disposed off with the above directions and observations.
Y. K. Sinha(वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक)/011-26180514 Page 12 of 12