Central Information Commission
Joginder Kadiyan vs Irrigation And Flood Control ... on 17 September, 2019
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka
नईददल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No. CIC/ADDDM/A/2018/102114
CIC/ADDDM/A/2018/101795
CIC/ADDDM/A/2018/102395
CIC/ADDDM/A/2018/102755
CIC/NDMCN/A/2018/102372/NDMCH
CIC/NDMCN/A/2018/104841
CIC/NDMCN/A/2018/104887
CIC/NDMCN/A/2018/105859
CIC/NDMCN/A/2018/111620
CIC/OOCMD/A/2018/108428
CIC/IAFCD/A/2019/109792
CIC/IAFCD/A/2019/109793
CIC/IAFCD/A/2019/109794
Shri Joginder Kadiyan ... अपीलकताग/Appellant
VERSUS/बनाम
1.PIO/Sub-Divisional Magistrate-(Alipur), ...प्रनतवादीगण /Respondent
(Govt. of NCT of Delhi)
2. PIO/Block Development Officer-(North),
O/o. the Addl. District Magistrate-(N)
(Govt. of NCT of Delhi)
3.PIO/ Dy. Health Officer-Health/Narela Zone,
NDMC
4. PIO/E.E.-(Bldg.)/Narela Zone, NDMC
5. PIO/Sanitary Inspector-(Ward No. 02),
O/o. Sanitation Superintendent/NRZ,
North Delhi Municipal Corporation
6. PIO/Dy. Secretary & PIO,
Chief Minister's Office (Govt. of NCT of Delhi)
7. PIO/Block Development Officer-(North),
O/o. the Addl. District Magistrate-(N)
(Govt. of NCT of Delhi)
Page 1 of 11 - IM
8. PIO/E.E.-(CD-VI), Irrigation & Flood Control
Department(Govt. of NCT of Delhi)
9. PIO/E.E.-(P&D), O/o. the Chief Engineer,
irrigation & Flood Control Department
(Govt. of NCT of Delhi)
Through: Sh. Rakesh Kumar - Naib Tehsildar;
Sh. M P Singh- Extension Officer [101795,
102114, 102395, 102755]
Sh. Kuldeep Singh-EE(B); Sh. R K Verma-AE(B),
Narela Zone; Dr. O P Gehlot; Sh. K K Lohat
[102372,104887,104841,105859,111620]
Sh. M D Singh; Sh. Vikas Narain and Sh.
Subhash Agrawal [108428]
Sh. N K Verma - AE, Civil Division
Date
: 30.08.2019
of Hearing : : 13.09.2019
Date of Decision : 16.09.2019
Information Commissioner : Y.K. Sinha
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case No. RTI Filed on CPIO reply First appeal FAO
102114 18.09.2017 27.10.2017 15.11.2017 08.12.2017
101795 11.10.2017 27.10.2017 15.11.2017 08.12.2017
102395 08.09.2017 29.09.2017 17.11.2017 08.12.2017
102755 12.09.2017 27.10.2017 15.11.2017 08.12.2017
102372 13.09.2017 13.10.2017 23.10.2017 27.11.2017
104841 21.10.2017 13.11.2017 21.11.2017 05.01.2018
105859 23.10.2017 16.11.2017 20.11.2017 05.01.2018
111620 20.11.2017 27.12.2017 09.01.2017 --
108428 19.12.2017 22.12.2017 10.01.2018 17.01.2018
109792 29.09.2018 10.10.2018 17.12.2018 --
109793 28.08.2018 27.11.2018 17.12.2018 --
109794 29.09.2018 19.11.2018 17.12.2018 --
Information soughtand background of the case:
(1) CIC/ADDDM/A/2018/102114 The Appellant filed an RTI application dated 18.09.2017, seeking information on three points:-Page 2 of 11 - IM
1. Land owned by Gram Sabha in Hamidpur Village and their locations.
2. Status of the land owned by Gram Sabha in Hamidpur Village.
3. Provide certified copy of map of land owned by Gram Sabha in Hamidpur Village PIO/APIO, Sub-Division, Alipur vide letter dated 27.10.2017 provided point wise information to the Appellant.
Being dissatisfied, the Appellant filed the First Appeal dated 15.11.2017.ADM (North)/FAA vide order dated 08.12.2017 stated as follows:-
"PIOs are ordered to provide relevant information to the appellant within 15 days as per RTI Act".
Feeling aggrieved over non-compliance of FAO,the Appellant approached the Commission with the instant Second Appeal.
(2) CIC/ADDDM/A/2018/101795 The Appellant filed an RTI application dated 11.10.2017, seeking information about land in Hamidpur Village which comes under the jurisdiction of D.M.(North) and its present status.
PIO/APIO, Sub-Division, Alipur vide letter dated 27.10.2017 responded to the Appellant.
Being dissatisfied, the Appellant filed the First Appeal dated 15.11.2017. ADM (North)/FAA vide order dated 08.12.2017 stated as follows:-
"PIO is directed to provide available information to the appellant within 15 days as per RTI Act".
Feeling aggrieved over non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
(3) CIC/ADDDM/A/2018/102755 The Appellant filed an RTI application dated 12.09.2017, seeking information on six points, including the following:-
1. Action taken against illegal construction in Hamidpur Village from 01. 07.2017 to 10.09.2017. Provide certified copy thereof.
2. Rules, conditions and complaints under which action was initiated as mentioned in point no. 1 above. Provide certified copy thereof.
3. Provide details of industrial and agricultural land on which such construction were carried on.
4. Provide name and designation of the officer who initiated action as mentioned in Point No. 1 above. And other related issues.
Page 3 of 11 - IMPIO/APIO, Sub-Division, Alipur vide letter dated 27.10.2017 provided point wise information to the Appellant.
Being dissatisfied, the Appellant filed the First Appeal dated 15.11.2017.ADM (North)/FAA vide order dated 08.12.2017 directed PIO/SDM to provide relevant information as per provision of RTI Act to the Appellant within 15 days.
Feeling aggrieved over non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging during course of hearing:
During the course of hearing, the Respondent/PIO-SDM(Alipur)-Sh. N S P Tripathi has submitted a communication dated 07.09.2019 stating that the appellant was given opportunity to inspect the records, which the appellant does not seem to have availed. Further, the respondent has stated that the office of the PIO/SDM(Alipur) is ready to provide the information/record to the appellant and also mentioned that the land records of Hamidpur village, sought by the appellant are digitized and available on their website www.dlrc.delhigovt.nic.in. The Respondent has in fact shown a demonstration of the information available in a category wise format on the website.
With respect to the appeal no. CIC/ADDDM/A/2018/102755, the respondent has submitted point-wise and specific information vide letter dated 07.09.2019, during the course of hearing, answering each of the queries raised by the appellant vide his RTI application dated 12.09.2017, in terms of the directions of the FAA. Appellant appears satisfied with the reply provided, though he objects to the inordinate delay in supply of the information.
Decision Upon perusal of records and in view of the facts which have emerged during the course of hearing, it transpires that the respondent has communicated appropriately vide letter dated 07.09.2019. However, had the same information been provided in time, two years ago, in terms of the order of the FAA, it could have prevented the filing of the instant Second appeal. Accordingly, the Commission cautions the PIO/SDM to strictly adhere to timelines with respect to RTI cases in future. It is made clear that this being the first instance of delay in compliance of FAA's order, a lenient view is being taken. No such reprieve shall be granted in future.
(4) CIC/ADDDM/A/2018/102395 The Appellant filed an RTI application dated 08.09.2017, seeking information on three points:-
1. Details of officers during whose tenure illegal constructions were carried on in Hamidpur Village from 2014-15 to 2016-17.
2. Details of officers who conducted site inspection in Hamidpur Village and submitted their report. Provide copy of such reports.Page 4 of 11 - IM
3. Number of illegal properties identified in Hamidpur Village.
PIO/APIO, (Alipur) vide letter dated nil denied information on point Nos. 1 to 3 stating that the queries do not fall under Section 2(f) of RTI Act, 2005.
Being dissatisfied, the Appellant filed the First Appeal dated 17.11.2017.ADM (North)/FAA vide order dated 08.12.2017 held as follows:-
"PIO/SDM is directed that information of any unauthorized construction actually reported and acted upon be provided as per the file and record availability to the appellant within 15 days as per RTI Act".
Feeling aggrieved over non-compliance of FAO,the Appellant approached the Commission with the instant Second Appeal.
Decision It is submitted jointly by the parties that the facts of the instant case have been adjudicated earlier in the form of case no. CIC/ADDDM/A/2017/177700 decided by order dated 29.08.2019.
The instant case is thus barred by the principle of res judicata.
(5) CIC/NDMCN/A/2018/102372/NDMCH The Appellant filed an RTI application dated 13.09.2017, seeking information on the following four points:-
1. Certified copy of action taken report on water logging and breeding ground of mosquitoes being created by MCD itself.
2. Action being taken against the officers responsible for the above said.
3. Steps being taken for clearing water logging as mentioned above.
4. Steps being taken to prevent breeding of mosquitoes.
CPIO/Dy. Health Officer, Narela Zone vide letter dated 13.10.2017 provided point wise information to the Appellant.
Being dissatisfied, the Appellant filed the First Appeal dated 23.10.2017. FAA/ Dy. Commissioner, Narela-A Zone vide order dated 27.11.2017 upheld the PIO reply and disposed off the Appellant's First Appeal.
Feeling aggrieved as dissatisfied,the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present for hearing and the Respondent claims that action is being taken and programmes initiated currently to prevent mosquito breeding. The Appellant states that initiatives to prevent mosquito breeding are only being initiated now, however, his grievance relates to inaction of authorities two years ago.Page 5 of 11 - IM
Decision From perusal of records of the case and hearing averments of the parties, it is evident that information as such had been provided, in terms of the provisions of the RTI Act. But as averred by the Appellant, the focus of his queries is centred around his grievance arising out of inaction of the respondent with respect to water-logging and breeding of mosquitoes. Under the RTI regime, this Commission is empowered to ensure supply of information but grievance redressal does not fall within the jurisdiction of the Commission. The respondent has assured that appropriate measures are already being taken by their office to prevent any water-logging and breeding of mosquitoes. However, the appellant is free to seek redressal of grievance, if any, from the appropriate forum.
(6) CIC/NDMCN/A/2018/104841 The Appellant filed an RTI application dated 21.10.2017, seeking information on four points:-
1. Provide names and phone numbers of MCD officials deployed in Hamidpur Village.
2. Provide list of illegal construction being carried out during the tenure of above said officers.
3. Whether any enquiry is being conducted about the illegal constructions going on in Hamidpur Village.
PIO/E.E.(Bldg.)/Narela vide letter dated 13.11.2017 provided point wise information to the Appellant.
Being dissatisfied, the Appellant filed the First Appeal dated 21.11.2017. FAA/Suptdg. Engineer, Narela Zone vide dated 05.01.2018 directed PIO/EE to give the reply within 15 days to the applicant.
Feeling aggrieved over non-compliance, the Appellant approached the Commission with the instant Second Appeal.
(7) CIC/NDMCN/A/2018/104887 The Appellant filed an RTI application dated 22.09.2017, seeking information on five points:-
1. Details of officers during whose tenure construction were undertaken in Hamidpur Village during the years 2014-15 to 2016-17.
2. Provide copy of site inspection report submitted by the officer for Hamidpur Village.
3. Number of unauthorized construction identified in Hamidpur Village.
Provide details thereof.
Page 6 of 11 - IM4. Provide list of unauthorized and authorized construction and action survey map for Hamidpur and Bakauli Village.
5. Number of parking places and weigh bridges operational in Hamidpur Village. Provide the certified copies.
PIO/E.E.(Bldg.)/Narela vide letter dated 23.10.2017 forwarded the information as received from the concerned PIO.
Being dissatisfied, the Appellant filed the First Appeal dated 20.11.2017. FAA/Suptdg. Engineer, Narela Zone vide dated 05.01.2018 directed PIO/EE to give the reply within 15 days to the applicant.
Feeling aggrieved over non-compliance,the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present in both the above cases and reiterate the facts thereof.
Decision Perusal of records of the cases reveal that the facts are akin to each other in both the appeals. Considering that the PIO had replied in both the cases, but the FAA's order has not been complied with in both the cases, the matters are hereby remanded to the FAA to adjudicate the First Appeal/s afresh and pass reasoned, speaking orders. The PIO/EE(B), Narela Zone - Sh. Kuldeep Singh Mann shall submit ATR by 18.10.2019.
In the appeal no. CIC/NDMCN/A/2018/104841, the Respondent/PIO-EE(B)- Sh. Kuldeep Singh Mann is further directed to submit a revised reply clarifying what data has been uploaded on the website, about action taken on illegal construction. This revised reply shall be submitted before the Commission by 18.10.2019, upon providing an advance copy to the appellant.
(8) CIC/NDMCN/A/2018/105859 The Appellant filed an RTI application dated 23.10.2017, seeking information on four points:-
1. Whether the construction going on at Lavinya Farm House is banned or not?
2. Clarify under which rules construction at large scale are being carried out at Narela while a farmer is not allowed to built a single room?
3. Name of the officers in whose collaborations the above mentioned construction are being carried out.
4. No information asked for.
PIO/E.E.(Bldg.)/Narela vide letter dated 16.11.2017 provided point wise information to the Appellant stating that the property in question has been booked under section 343 & 344 of the DMC Act.
Page 7 of 11 - IMBeing dissatisfied, the Appellant filed the First Appeal dated 20.11.2017. FAA/Suptdg. Engineer, Narela Zone vide dated 05.01.2018 directed PIO/EE to give the reply within 15 days to the applicant.
Feeling aggrieved over non-compliance,the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present and reiterate the facts thereof.
Decision Perusal of records of the case reveal that the last information about having booked the concerned Farmhouse had been provided by the respondent on 16.11.2017. In view of the lapse of two years thereafter, the Commission is of the opinion that a current status report based on actual site inspection should be provided by the respondent. Accordingly, it is hereby directed that a current status report shall be provided by the PIO/EE(B), Narela Zone - Sh. Kuldeep Singh Mann based on actual site inspection. The status report shall reach the Commission by 18.10.2019, upon serving an advance copy to the appellant. It is made clear that non-compliance of these directions shall attract penal action, as per law clear that non-compliance of these directions shall attract penal action, as per law.
(9) CIC/NDMCN/A/2018/111620 The Appellant filed an RTI application dated 20.11.2017, wherein he has requested the concerned officials that action be taken against sanitary workers who fail to attend to their duties at Village Hamidpur. PIO/Sanitary Inspector, Ward No.-02 vide letter dated 27.12.2017 furnished reply to the Appellant denying his allegation about the sanitation workers.
Being dissatisfied, the Appellant filed the First Appeal dated 09.01.2017. Feeling aggrieved with no response received from FAA, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present for hearing and reiterate facts of the case.
Decision Upon perusal of facts of the case, it is noted that the germane issue in this case relates to sanitary workers working in the Hamidpur area and could have been resolved easily if the First Appeal would have been adjudicated.
Under the given circumstances, the instant case is hereby remanded to the FAA/Dy. Commissioner/ Narela Zone, to adjudicate the First Appeal and pass a reasoned speaking order, after hearing contentions of both parties. The PIO/EE(B), Narela Zone - Sh. Kuldeep Singh Mann shall submit the order so passed by the FAA, by 18.10.2019, upon serving a copy thereof to the appellant.Page 8 of 11 - IM
(10) CIC/OOCMD/A/2018/108428 The Appellant filed an RTI application dated 19.12.2017, seeking information on three points:-
1. What action would be taken against the officers who don't reply to RTI applications within stipulated time?
2. What action would be taken against officer for non-compliance of First Appellate Orders?
3. Who should the complainant approach for speedy disposal of complaints and action taken against negligent officers?
CPIO vide letter dated 22.12.2017 denied information stating that the same does not qualify as information under Section 2(f) of RTI Act, 2005.
Being dissatisfied, the Appellant filed the First Appeal dated 10.01.2018. Spl. Secy. to C.M./FAA vide order dated 17.01.2018 upheld the reply of PIO and disposed off the Appellant's first appeal.
Feeling aggrieved as dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Both parties are present for hearing and facts as mentioned above are reiterated during the hearing.
Decision It is noted that the queries raised by the appellant are not in the nature of information as defined under Section 2(f) of the RTI Act, neither responses thereto are held in the custody of the public office. Hence, denial of information by the respondent is found to be in order.
The appeal is dismissed as such.
(11) CIC/IAFCD/A/2019/109792 The Appellant filed an RTI application dated 29.09.2018, seeking information on the following three points:-
1. Details of action taken or to be taken by Flood Control Department in Hamidpur Village.
2. Provide list of works (in the given format) under taken by Flood Control Department(Maintenance and Planning) in Hamidpur Village from 01.01.2014 to 2018.
3. Provide inspection of management book and work order register for the above.
PIO vide letter dated 10.10.2018 denied information under Section 7(9) of the RTI Act, 2005.
Page 9 of 11 - IMBeing dissatisfied, the Appellant filed the First Appeal dated 17.12.2018. Feeling aggrieved with no response received from FAA, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Superintending Engineer(FC- II)/FAA vide letter dated 09.09.2019.
(12) CIC/IAFCD/A2019/109793 The Appellant filed an RTI application dated 28.08.2018, sought to inspect management book, expenses and drawings relating to the works under taken by concerned department of Delhi Government in Narela Assembly Constituency Area.
PIO vide letter dated 27.11.2018 denied information under Section 7(9) of the RTI Act, 2005.
Being dissatisfied, the Appellant filed the First Appeal dated 17.12.2018. Feeling aggrieved with no response received from FAA, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Superintending Engineer(FC- II)/FAA vide letter dated 04.09.2019.
(13) CIC/IAFCD/A/2019/109794 The Appellant filed an RTI application dated 29.09.2018, seeking information on two points:-
1. By whose approval did the Flood Control Department construct the road from Firni Road to Tajpur Gaon in Hamidpur Village? Whether any site inspection was conducted by the Department? Provide all the documents relating to the construction of above said road.
2. Provide details of all the construction works to be taken up in Hamidpur Village by the Flood Control Department or any other Department of the Govt. Of Delhi PIO vide letter dated 19.11.2018 denied information under Section 7(9) of the RTI Act, 2005.
Being dissatisfied, the Appellant filed the First Appeal dated 17.12.2018. Feeling aggrieved with no response received from FAA, the Appellant approached the Commission with the instant Second Appeal.
Page 10 of 11 - IMDecision Perusal of records of the cases reveal that in all of the three above appeals substantial information has been asked for by the appellant, which has been accordingly denied by the respondent as voluminous information invoking Section 7(9) of the RTI Act. Factual premises of the appeals being similar, they are adjudicated alike.
Under the circumstances, the Commission hereby directs the PIO/EE CD VI - Sh. Gagan Gaur to ensure that inspection of all available relevant records is provided to the appellant between 14th to 18th October, 2019. The appellant shall inspect the records and identify the specific pages of which he seeks photocopies, 50 pages of which should be provided free of cost to the Appellant.
The respondent/PIO shall submit complete action taken/compliance report in this regard before the Commission, by 31.10.2019.
The appeals are hereby disposed off with these directions.
Y. K. Sinha (वाई. के . नसन्द्हा) Information Commissioner (सूचना आयुक्त ) Authenticated true copy (अभिप्रमाणितसत्यापितप्रतत) Ram Parkash Grover (राम प्रकाश ग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 11 of 11 - IM