Central Information Commission
Mr. Vijay Kohli vs New Delhi Municipal Council, Uacc ... on 19 June, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office),
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/WB/A/2008/00946/SG/3787
Appeal No. CIC/WB/A/2008/00946/SG/
Relevant Facts emerging from the Appeal:
Appellant : Mr. Vijay Kohli
8, Sardar Patel marg
New Delhi-110021.
Respondent : Mr. Jai Chandra
Central Public Information Commission
New Delhi Municipal Council
UACC Department
Pragati Bhawan, 2nd Floor, Jai Singh Road,
New Delhi-110001.
RTI application filed on : 08/08/2007
PIO replied : 28/11/2007
First appeal filed on : Not Mentioned
First Appellate Authority order : 15/11/2007
Second Appeal filed on : 05/04/2008
Information sought:
S. No. Information Sought PIO's Reply
1. Copy of the inspection report on Copy can be collected at any working day unauthorized construction on from the above office under the complaint filed no. 4790, 11th June provisions of RTI Act after inspecting the and 20th June with 7 photographs. If relevant file and depositing the requisite copy of report cannot be given fee. For convenience call on telephone details of unauthorized construction no. 41500969. noted.
2. What follow up has been taken? As above.
3. What are the terms and conditions The matter has been referred to PIO, for operating Hotel Diplomat, the Health Department for their information.
number of rooms and size/area of restaurant sanctioned? Does the sanction of restaurant include operation of a very Big Bar and Night Club?
4. Can permission be granted to increase the area of the original small restaurant include the total ground floor and lawn?
5. If yes, under what Act/Guidelines in Copy of the LBZ guidelines can be the LBZ no construction area, can collected after due requisition. permission be given for change in building plans/land use by reducing the number of rooms for guests and increasing restaurant area?
6. Has permission been given for The matter has been referred to PIO, renovation work in progress and Architect and PIO, Health Department permission/license to operate the for the relevant information.
proposed new restaurant & Bar/Night Club. If permission not sought and restaurant with Big Bar and Night Club is opened what action will be taken?
7. What are the guidelines for allowing The matter has been referred to PIO, permanent concrete structures with Architect Department and PIO, Health roof of asbestos/other sheet material Department for their information. which are not part of original building plans but have been recently been built on 9, Sardar Patel Marg, New Delhi?
8. If such structures (as Para 7) are allowed, will ,permission be given for building a concrete structure with the roof of asbestos/other sheet material on the 1700 sq. ft. in built area of the first at 8 Sardar Patel Marg, New Delhi.
9. What are the guidelines for setting up big generators, filtration plant & other machinery, which creates heavy pollution of gaseous nature and noise in LBZ area.
Grounds for First Appeal:
Unsatisfactory reply received from the CPIO.
Order of the First Appellate Authority The FAA ordered the PIO to furnish the desired information within 20 working days.
Grounds for Second Appeal:
Unsatisfactory reply received from the CPIO. Relevant Facts emerging during Hearing: The following were present Appellant : Absent Respondent : Absent The appellant has written to the Commission on 9 June 2009 stating he has received satisfactory reply from the PIO and does not want to pursue the appeal.
Decision:
The Appeal is withdrawn.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. If information is not provided in the time stipulated under Section 7(6) of the RTI Act, it has to be provided free of cost to the Appellant Shailesh Gandhi Information Commissioner 19 June 2009 (In any correspondence on this decision, mention the complete decision number.) (GJ)