Central Information Commission
Mr. Asif Khan vs Municipal Corporation Of Delhi. on 29 December, 2008
CENTRAL INFORMATION COMMISSION
Room No.415, 4th Floor, Block IV,
Old JNU Campus, New Delhi 110066.
Tel: + 91-11-26161796
Decision No. CIC /WB/A/2008/00707/SG/0777
Appeal No. CIC /WB/A/2008/00707/SG
Relevant Facts emerging from the Appeal
Appellant : Mr. Asif Khan
F-1, IInd Floor, Lajpat Nagar-1
New Delhi-110024
Respondent 1 : PIO
(Building Department) Central Zone, Municipal Corporation of Delhi.
New Delhi-110024
RTI filed on : 31/01/2008
PIO replied : 04/03/2008
First appeal filed on : 17/03/2008
First Appellate Authority order : not replied
Second Appeal filed on : No Date
The appellant sought following information:
The appellant sought to know about the construction of building under Central MCD, Building department; the details of the information sought and reply form the PIO is as follows:
Sl.No Information Sought PIO's Reply 01 Information regarding number of There is no information available Houses/Flats/Buildings has been regarding properties constructed according constructed according to the to the sanctioned plan during last three Maps/Layout approved by the Building years.
Department of the Central Zone MCD.
Numbers of completion certificate As per records available 054 number of issued by the department in last three completion certificate been issued during years and with full address of such the last three years. houses/building/flats?
02 Clarification regarding the officer who This is the routine duty of the field staff to
go for inspection of such keep strict watch over the on going
flats/buildings/ houses on receipt of any construction that the same should be
information? Is it the J.E of the carried out as per sanctioned plan/ as per
department? BB/MPD-2021.
03 Give details of complaints received No information available with department.
against illegal construction in last 3 years and how many of them are demolished and also give the address and the names of the complainant?
04 List of the J.E and A.E who were No information available with the appointed in the areas of the central department. Zone of MCD, in places where actions against illegal construction have been taken?
05 Please provide the list of the properties No information available with the sealed during the last two years in the department. central zone and also the number of properties which are de-sealed now? Provide the address of such properties? 06 Reasons for sealing of properties and Sealing actions against misuse are being why they were de-sealed again? taken as per directions of Hon'ble Why all sealing other properties were Monitoring committee, constituted by not done? honorable Supreme Court of India in the case IA No. 22 in W.P © No 4677 of 1985 in the case titled as M.C Mehta Vs Union Of India & Ors.
The de-sealing is also done with the orders of the concerned authority, on request of the owner of the properties.
07 Give the details of the owners of the The information asked is not available properties who submitted the affidavit with department in material form and their properties been de-sealed after that. Also provide the addresses of above properties of both kinds.
The First Appellate Authority ordered:
Not replied.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Asif Khan Respondent: Mr.J.S.Yadav deemed PIO The appellant states that he would satisfied if clear answers are provided to queries 3 and 7. The respondent will provide the answer to query 3. Regarding query 7 the respondent states that the numbers of sealed and desealed properties runs into thousands. He has a list of about a 1000 properties which he has given to the appellant before the Commission.
Decision:
The appeal is allowed.
The PIO will give the answer to query 3 to the appellant before 15 January, 2009. The PIO will complete the list of properties sealed and then desealed before 30 Janaury, 2009.
Decision made in the open chamber.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 29th December, 2008.
(For any further correspondence, please mention the decision number.)