Central Information Commission
Mr.Deepak Yadav vs Mcd, Gnct Delhi on 16 August, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001671/14092
Appeal No. CIC/SG/A/2011/001671
Relevant Facts emerging from the Appeal:
Appellant : Mr. DeepakYadav,
287/23, Onkar Nagar-B,
Tri Nagar, NewDelhi-110035
Respondent : Mr. Suresh Chandra
PIO & SE Municipal Corporation of Delhi, Office of the Superintending Engineer (Building) Karol Bagh Zone, DB Gupta Road, Karol Bagh, NewDelhi RTI application filed on : 07-03-2011 PIO replied : 11-04-2011 First appeal filed on : 13-04-2011 First Appellate Authority order : 04-05-2011 Second Appeal received on : 22-06-2011 Sl. Information Sought Reply of PIO
1. Provide information about the Construction of No such information is available. However, new houses in Building Department in East residential building plans upto plot size of 400 Patel Nagar. Sq.yds. are sanctioned a: zonal level and all the details of properties for which building plan has been sanctioned by Building Depti., K.B.Zone during the period 1.1.2005 to 31.3.201] arc ailable on MCD website i.e. www.incdonline.tzov.in .
2. Provide photocopy of information of plan of 2, As iii (i) above. Further, the details of houses and Kothis construction. Do these deviations/unauthorized construction hooked since constructions is according to the plan or it is 1.1.2001 to 31.3.201] is, (91s0 available on MCD illegal? website www.mcdonline.gov.in
3. Provide information that is plan of As above construction of houses and kothis is correct? If yes then there is offence of section 343 &344 of DMC act. Also provide detail with photocopy that under whose permission these are constructing?
4. Information about the officer under whom all As above in 1.
this illegal construction is permitted of four storey building. File FIR against this officer and give action taking report against this.
5. Who give the permission of this illegal 5. As mentioned iii (I) above all the relevant construction? Addresses are given. information is readily available on MCI) website.
Regarding copy of sanctioned building plan. it is intoned that being the intellectual property of the Architect the sanctioned building plans cannot he provided to any l3cison other the owner. Hence, the applicant is advised to submit the ownership decencies with identity in his favour so that the same could he provided on payment as per provisions of the RTI Act. However, the applicant with prior intimation may inspect the SBJ flies ott any working day from 2.00 PM 104.00 PM.
6. Give information about the total no. of Information sought is not available. However. all the applications against construction in whole complaints from whichever source received are sent East Patel nagar to MCD from police. to the concerned area JEQ3) after diarizing the same.
7. Information that is there is any kind of cases The information sought pertains to Vigilance Depti..
against Mukesh building, JESU Khan as such RTI application is being forwarded to PIO building then give copies of such cases and Vigilance Deptt., MCD. total no. of applications in 2010-2011.
8. Provide information regarding the SK The information sought pertains to Vigilance Deptt..
chauhan building application with income tax as such RTI application is. being forwarded to PlO, PAN no? Vigilance DeptL, MCIT. Regarding iiw PAN number of Sh.S.K.Chauhanh. it is informed that the information sought is personal nature and is exempted under Section 8(i) of the RTI Act. The office number is 25753184:
Ground of the First Appeal:
The reply of the PIO was dissatisfying and incomplete.
Order of the FAA:
Appeal was disposed.
Ground of the Second Appeal:
The PIO reply was not satisfying.
Relevant Facts emerging during Hearing: The following were present Appellant : Mr. DeepakYadav;
Respondent : Mr. S. U. Khan, AE(B) on behalf of Mr. Suresh Chandra, PIO & SE;
The PIO has given most of the information but is now directed to give the following information; 1- Query-7: Details of police complaints received by MCD during the period April to June 2011.
Decision:
The Appeal is allowed.
The PIO is directed to provide the information as directed above to the Appellant before 30 August 2011.
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 16 August 2011 (In any correspondence on this decision, mention the complete decision number.) (kh)