Central Information Commission
Mr. Birinder Singh vs O/O The Superintending Engineer on 10 February, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003252/6766
Appeal No. CIC/SG/A/2009/003252
Appellant : Mr. Birinder Singh,
Jt General Manager (PS),
IFFCO C-1, Saket Place,
New Delhi -110017.
Respondent : Public Information Officer
O/o the Superintending Engineer, Karol Bagh Zone, MCD Nigam Bhawan, D.B. Gupta Road, Anand Parbat, New Delhi-110005.
RTI application filed on : 21/08/2009 PIO replied : 05/10/2009 First Appeal filed on : 12/10/2009 First Appellate Authority order : 04/11/2009 Second Appeal Received on : 24/12/2009 Notice of Hearing Sent on : 09/01/2010 Hearing Held on : 10/02/2010 Information Sought:
After reply of the PIO, Appellant had objection on what information provided in respect of following:
Sl.No Information Sought Reply of PIO
1. Daily progress against Appellant's The Demolition Orders were passed on complaint w.e.f. 18/07/2009 till date. 17/07/2009 and the file as given to Office incharge (Building) for execution of demolition orders as per policy and as such, question of daily progress does not arise.
3. Intimate the periods when this case As above.
was lying with which officer.
4. What action was taken by concerned As above.
officials on this case during that period on what dates.
5. Give the proof of receipt and dispatch As above.
of this case in the offices of each of these officials.
6. Identify MCD official whose actions There is no delay in demolishing the has caused delay in demolishing the unauthorized construction. property.
7. What action will be taken by MCD Question of taking against officials against erring officials. does not arise as there is no erring official
8. Provide Timeframe for demolishing Demolition action was taken on the said unauthorized construction. 23/09/2009 and demolished the parapet walls and chajja on back side of Second floor and chajja of Mumty and parapet walls on the Second floor were demolished and punctured in P. No. A- 71/2, Naraina Vihar, New Delhi Grounds for First Appeal:
Incomplete information.
Point no.1, 3, 4, 5: Date wise progress had not been provided. 6& 7 : Appellant had requested to identify MCD officials whose action had resulted in u/c still existing at site despite programme of demolition and availability of police force.
8. : Timeframe for demolition of balance u/c to be provided.
Order of the First Appellate Authority:
PIO submitted that he had supplied the information as per the record available in the department.
Grounds for Second Appeal:
As in First Appeal.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr K K Loomba on behalf of the Appellant Mr Birinder Singh Respondent: Mr Kaftan (deemed PIO).
The First Appellate Authority (FAA) Mr A K Singh (Dy Commissioner) has passed a meaningless order on 04/11/2009 merely recording that the Appellant stated that he had not received the complete information and the PIO submitted that the information had been supplied as per the records. The FAA must come to a conclusion of whether the PIO has supplied the complete information or not which he has failed to do.
The PIO has provided information but has now been directed to provide detailed information giving photo copies of file notings and notes on the matter. The Appellant states that MCD has been taking some half hearted measures against unauthorized construction. The Respondent states that a second floor has been constructed in an unauthorized matter. The PIO states that they are going to take appropriate action before 15 March 2010.
Decision:
The appeal is allowed.
The information as directed above will be provided to the Appellant before 25 February 2010.
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 10 February 2010