Central Information Commission
Uma Diwan vs Mcd on 13 June, 2017
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F. No.CIC/ÝA/A/2016/002181
Date of Hearing : 07.06.2017
Date of Decision : 07.06.2017
Appellant/Complainant : Uma Diwan
Respondent : South Delhi Municipal Corporation
Through: Mr. Rakesh Kumar ,
Mr. Sanjeev Singh, AE (B-I)
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 13.01.2016
PIO replied on : 02.02.2016
First Appeal filed on : 09.03.2016
First Appellate Order on : 31.03.2016
2nd Appeal/complaint received on : 01.06.2016
Information soughtand background of the case:
Vide RTI application dated 13.01.2016, the appellant sought information in respect to 55 Skipper Corner, Nehru Place, New Delhi and also sought Copy of Building plan, Copy of building plan duly sanctioned alongwith the copy of sanction letter, Copy of completion certificate, Measurement of Flat no.
502.
The CPIO/AE (Bldg.)/HQ-IV furnished the information on point no. 01 & 02 and in response to point no. 03 to 06 transferred the RTI application to the PIO/EE(B)-I/Central Zone. Dissatisfied with response received from CPIO, the appellant filed first appeal. The FAA passed an order dated 31.03.2016 wherein it was discussed that the appellant is co-owner of Flat No.502 in P.No.88 Skippers Corner and has failed to furnish any document establishing ownership with respect to the property. The FAA after considering facts of the case, directed the CPIO/EE()B HQ-I to provide copies of requisite documents, if permissible under the RTI Act 2005, to the appellant within 20 days. Being denied any information despite FAA's order, the aggrieved appellant approached the Commission.
Relevant facts emerging during hearing:
The appellant is absent despite notice. The respondent is present and heard. The respondent states that the appellant was offered to inspect the papers. An authorised representative had visited the office in the past on 22.02.2016 and inspected the building plan files relating to property No.88, Nehru Place, New Delhi and after inspection he requested to provide a copy of sanctioned building plan and completion plan etc. He has already been advised to submit a copy of the ownership documents with respect to the property in question on 26.02.2016, in order that the Respondent may provide a copy of sanction plan etc as sought by the appellant. However, the appellant has failed to submit any document establishing her ownership over the property in question.
Decision:
After hearing parties and perusal of record, the Commission finds no flaw in the FAA's order and is in agreement that the RTI application has been dealt with adequately. No further orders are required in this case.
The appeal is disposed of accordingly.
(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 Copy to:-
Executive Engineer-(Build.)-I / Executive Engineer-Bldg.) / HQ., Central Zone, South Delhi Municipal South Delhi Municipal Corporation, Building Corporation, Building-I Department, Headquarters, 8th Department, Central Floor, Dr. S. P. M. Civic Zone, Shiv Mandir Marg, Centre, Minto Road, New Lajpat Nagar, New Delhi-110002. Delhi-110024.
UMA DIWAN First Appellate Authority under House No.-C-38, NEW MULTAN RTI NAGAR, Rohtak Road, New Superintending Engineer -
Delhi-110056. Bldg. / HQ., South Delhi Municipal Corporation, Building Department, Headquarters, 8th Floor, Dr. S. P. M. Civic Centre, Minto Road, New Delhi-110002.
Assistant Engineer-(Bldg-IV) /HQ., O/o. the Superintending Engineer-Bldg., South Delhi Municipal Corporation, Building Department, Headquarters, 8th Floor, Dr. S. P. M. Civic Centre, Minto Road, New Delhi-110002.