Central Information Commission
Mr.Dharam Singh vs Mcd, Gnct Delhi on 19 March, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2012/000318/17762
Appeal No. CIC/SG/A/2012/000318
Relevant Facts emerging from the Appeal
Appellant : Mr. Dharam Singh
R/o: C-8, Sanwal Nagar,
Andrews Ganj, New Delhi - 110049.
Respondent : Mr. Manish Rastogi
Public Information Officer & SE-I Municipal Corporation of Delhi, O/o The Superintending Engineer (C) -I, Central Zone, Lajpat Nagar, New Delhi - 110024.
RTI application filed on : 19/08/2011 PIO replied : Not mentioned. First appeal filed on : 22/09/2011 First Appellate Authority order : 22/11/2011 Second Appeal received on : 25/01/2012 Information Sought:
1. Whether MCD has taken any photographs during the alleged unauthorized construction carried out on first and second floor in property No. C-8 Sanwal Nagar, New Delhi which was booked as per record of MCD booking file No. 102/B/UC/CZ/2011 dated 18.04.2011? If yes kindly provide the photographs which were taken during the said alleged unauthorized Construction.
2. Whether it has been come to the notice of Building Department of MCD, Central Zone that any unauthorized construction was going on in the rest of the part of property No. C-8, Sanwal Nagar, New Delhi w.e.f. 01.01.2011? If yes, kindly intimate said source which brought such information to the notice of MCD and document by which such information was given to MCD may also be provided in this regards.
3. As per the Booking of U/c with detail booking done by MCD vide booking file No. 102/B/UC/CZ/2011 dated 18.04.2011 the following has been shown "Unauthorized construction at FF, SF, (GF and part property on the rear side having GF, FF old & residentially occupied".
Whereas in one contempt case [c] 325/2011 filed by Ms. Sugani Devi Vs Vikas Anand & others before Hon'ble CIC, Delhi, it has been shown in photographs that some portion belongs to Shri Pooran Chand, property No. C 8, Sanwal Nagar, New Delhi does not even exist in the photographs but recently property has been constructed by Pooran Chand. Kindly give the details on behalf of which the MCD has shown that GF, FF are old and residentially occupied.
4. Whether building Department of MCD, CZ has received any communication from Police Station Defence Colony or any other agency against the unauthorized construction which was / is going on in the area of Sanwal Nagar during the last one year. If yes kindly provide the certified copies of all communication received in this regard.
Page 1 of 35. Kindly provide the following registers for the period of last five years for inspection, after inspection, I may also be provided the relevant document on demand. I am ready to pay the admissible amount for the documents, if any.
a) Booking register against unauthorized construction
b) Demolition Register in which entries were made after the demolition action was completed against unauthorized construction
c) Construction watch Register
d) Any other register maintain regarding demolition of U/C and booking of UC/
6. The Asstt / Executive Engineer (Building) or Building Deptt, CZ, MCD had requested SHO, Defence Colony, New Delhi to provide force for carrying out demolition activity in alleged unauthorized portion of property No. C 8, Sanwal Nagar. Kindly provide !he following information:
a) Whether the force was requested for carrying out demolition activity in alleged unauthorized portion of property No. C 8, Sanwal Nagar only.
b) If force was requested for carrying out demolition activity in other properties also, kindly give the details of the other properties mentioned in the said letter and intimate the present status of rest of the properties.
c) Whether other properties has been booked or not, if not, kindly explain reasons.
d) MCD has issued a notice dated 11.08.2011 under section 345-A of DMC Act to the applicant by speed post. I may be informed that owner of other properties were informed by registered / speed post for carried out/carrying out unauthorized construction without sanction / deviations against sanctioned building plan. Kindly provide the certified copy(s) of the notices and proof of service.
If notices have not been served through speed / regd post, reason may kindly be furnished.
Reply of the Public Information Officer (PIO):
1. Requisite photographs are not available with this office.
2. As per record, a complaint was filed by Smt. Sugni Devi r/o C-11, Sanwal Nagar, New Delhi with regard to unauthorized construction by Sh. Dharam Singh in P.No.C-8, Sanwal Nagar, New Delhi.
Copy of the said complaint is enclosed herewith, containing Dy. No.22718 dated 25-3-2011 of the D.C./CNZ.
3. Copy of notice dated 27-4-2011, issued vide file No. 102/B/UC/CZ/2011, containing detail of unauthorized construction in respect of P.No.C-8, Sanwal Nagar, New Delhi is enclosed. It is further informed that as per record, booking of unauthorized construction vide file No. 102/B/UC/CZ/2011 has been made on the basis of inspection of the property and on the complaint received in this office w.r.t. unauthorized in respect of P.No.C-8, Sanwal Nagar, New Delhi.
4. Requisite information is not available with the department in compiled form. However, if required, applicant can inspect relevant available record in this office on any working day at 11.00 a.m. with prior intimation in this regard within 15 days.
5. Requisite record, can be inspected by the applicant in this office on any working day at 11.00 a.m. with prior intimation in this regard within 15 days.
6. No specific property number was mentioned in the police requisition letter for action on 2-8-2011. However, C.C.P. No. 325/211 was mentioned in the requisition of police force for action on 5-8- 2011. It is also informed that demolition action was taken against illegal construction in P. No. C-8, Sanwal Nagar, New Delhi on both the occasions. Rest of the information sought by the applicant through this point does not come under the perview of RTI Act 2005 as per section 2 (f) of the RTI Act, 2005. As per record, there are other properties also which are booked by this office on account of unauthorized construction under section 343 & 344 (1) of the DMC Act. Show cause notices under section 345-A of the DMC Act on account of unauthorized construction are sent by this office through speed post. If required, applicant can inspect relevant record in this office on any working day at 11.00 a.m. Page 2 of 3 Grounds for the First Appeal:
Unsatisfactory reply was provided to the appellant by the PIO.
Order of the First Appellate Authority (FAA):
"PIO is directed to provide point wise revised information to the appellant within 15 days".
Grounds for the Second Appeal:
"No information was provided after the directions of FAA".
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Dharam Singh;
Respondent: Mr. Rakesh Kumar, NO(RTI) on behalf of Mr. Manish Rastogi Public Information Officer & SE-I and Mr. P. K. Rastogi, AE;
The Appellant has done an inspection of the records after the order of the First appellate Authority. The Appellant was shown the diary register of the complaints that have been received by the Department. The appellant identified 49 entries for which he demanded the attested photocopies of the complaints registered against specific diary numbers. Out of 49 such entries copies have been provided only about 17 and the respondent states that the rest of the complaints are not available on the records. This raises a doubt whether false entries are being made since a majority of the alleged complaints appear to be missing. This is a serious default and the PIO is directed to either locate the records and provide them to the Appellant or file a police complaint for the missing records giving the names of the officers who last handled these records. A copy of such police complaint will be provided to the Appellant.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant before 15 April 2012.
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 19 March 2012 (In any correspondence on this decision, mention the complete decision number.) (PG) Page 3 of 3