Central Information Commission
Mr. Manoranjan Chopra vs Mcd on 7 April, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/000501/7385
Appeal No. CIC/SG/A/2010/000501
Relevant Facts emerging from the Appeal:
Appellant : Mr. Manoranjan Chopra,
2 Bank Enclave,
Luxmi Nagar,
New Delhi - 110092
Respondent : Public Information Officer &
Superintending Engineer - I, Shahdara South, MCD, Zonal Office Building, IInd Floor, Karkardooma, Delhi - 110032 RTI application filed on : 23/09/2009 PIO replied : 30/09/2009 First appeal filed on : 30/10/2009 First Appellate Authority order : No Order Second Appeal received on : 24/02/2010 Date of Notice of Hearing : 12/03/2010 Hearing held on : 07/04/2010 Regarding Action taken on complaint against unauthorized/ unapproved construction w.r.t. property located at 1, Krishnan Kunj, Laxmi Nagar, Delhi - 92.
Sl. Information sought Reply of PIO
1. Date wise action initiated by MCD officers w.r.t. As per record, no any action has
complaint dated 31/07/2009 and reminders dated been carried out on this property.
02/09/2009 and 03/09/2009.
2. Whether the concerned officers have submitted any The field staff has inspected in the
Inspection Report on above mention property reported area
by Bank Enclave RWA?
3. Whether the owner of the said property has applied for Not applied
any building plan sanction? If yes, has the same been approved by MCD?
4. Whether any Stacking charges/ Betterment charges have Not applied been deposited before construction of the said property? If yes, provide details of Challan no., date and amount.
5. If no stacking charges have been deposited before Not applied construction, whether any penalty has been levied by MCD due to the non payment of the same? Details of challan and amount of fine.
6. Name and address of registered owner of the aforesaid As per record, this information is not property. available in the office. Details of:
1. Area/size of plot, sanctioned built up area. As per record, this information is not
2. Actual built up/covered area as per your record. available in the office.
As per record, this information is not available in the office.
Grounds for First Appeal:
No information supplied by PIO Order of First Appellate Authority:
No Order.
Grounds for Second Appeal:
Grounds for First Appeal and no order of FAA.
Relevant Facts emerging during Hearing: The following were present:
Appellant: Mr. Manoranjan Chopra Respondent: Absent;
The Appellant alleges that an illegal building of two and half storied has been constructed at 1, Kishan Kunj (Adjacent to 2 Bank Enclave), Laxmi Nagar, Delhi - 110092. He alleges that the complete structure is illegal and unauthorized and it encroaches on a DDA approved park. The PIO has provided information that no action has been taken and that as per their reports and inspection no unauthorized construction was found. The Commission directs the PIO to provide photocopies of the Junior Engineers Diary for that area for the period July 2009 to December 2009.
Decision:
The appeal is allowed.
The PIO is directed to give the information to the Appellant as directed above before 20 April 2010.
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
07 April 2010 (In any correspondence on this decision, mention the complete decision number.) (AS)