Central Information Commission
Mr.Gian Chand Jain vs Mcd, Gnct Delhi on 12 May, 2011
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000621/12354
Appeal No. CIC/SG/A/2011/000621
Appellant : Mr. Gian Chand Jain
9/3636 Dharampura
Gandhi Nagar, Delhi
Respondent : Mr. Ram Phal
APIO & Administrative Officer Municipal Corporation of Delhi Factory Licensing Department, 14th Floor, Dr. SPM Civic Center, Minto Road, New Delhi RTI application filed on : 11/08/2010 PIO replied : 31/08/2010 First Appeal filed on : 04/10/2010 FAA's Order : 18/10/2010 Second Appeal filed on : 07/03/2011 Hearing Notice Issued on : 07/04/2011 Date of Hearing : 12/05/2011 Information Sought:-
The appellant wants the information about the MCD Ward No. (35), old new 233 Dharampura + 234 Gandhi nagar, Delhi - 110031.
1) According to Master Plan 2021 the mentioned ward has most of areas coming under residential area category. Provide the information whether anybody is allowed to run factories or do business in residential colony
2) Various factories are running with the help of electricity without the permission of MCD from various years. Whether your department has any type of information about the same.
3) Various factories are running, ready made factories are running day and night the work is being done in these factories. Without any stoppage these factories are running. According to my knowledge your department has been told about the same for various time. Whether license have been issued to the mentioned factories by the ward. Provide the list containing name and postal address.
4) Various hazardous material is used for doing the work in these factories. It is very dangerous for life. Provide information whether MCD can issue the license to such factories according to the rules laid by them.
5) Provide the certified copy of the order passed to those 9 factories whose electricity and water connection was to be disconnected. Also provide the copy of the receipt provided for the same.
6) What was the reason for not issuing the order of disconnecting the electricity and water supply in the remaining 25 factories out of 34 factories.
7) In reply to the RTI dated 06/04/2009, ID no. 506 filed by Mr. M.K. Kashyap, the reply was made in query no.6. According to which, Under SDM Gandhi nagar the order was passed for the 45 connections to be disconnected. Please inform what type of orders were passed. Provide the certified copy issued and the copy of the receipts of the order made for those 45 connections.
Reply from the PIO:-
The appellant was provided with the point wise reply to the queries:-
Grounds for First Appeal:
Unsatisfactory information provided by PIO FAA's Order:-
During the course of hearing the applicant stated that he is not satisfied with the replies given by the PIO. PIO is directed to furnish the complete reply of all question of the RTI to the applicant within 15 days positively.
The PIO has provided information to the Appellant after the order of the FAA on 02/12/2010. Grounds for Second Appeal:-
The PIO was failed to provide me the information. The First Appellate Authority passed order on my first appeal to provide me complete information, but still PIO has not provided me the complete information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Gian Chand Jain;
Respondent: Mr. Ram Phal, APIO & Administrative Officer; The PIO has provided all the information as per available records. The appellant's complaint is that a very large number of illegal factories are running in residential areas. There are no records of these. The Commission offered a joint inspection of the areas to the appellant with PIO but the appellant is not willing to do this. He states that he fears for his safety. The Commission is not able to do anything in this matter beyond ensuring that he gets all the records or a joint inspection.
Decision:
The appeal is disposed.
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 12 May 2011 (In any correspondence on this decision, mention the complete decision number.) (HA)