Central Information Commission
Mr. Amar Singh Sharma vs Municipal Corporation Of Delhi on 17 November, 2009
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2009/002425/5567
Appeal No. CIC/SG/A/2009/002425
Relevant Facts emerging from the Appeal:
Appellant : Mr. Amar Singh Sharma
156, Sarai Jullena Okhla Road,
New Delhi - 110025
Respondent : Mr. J.S.Yadav
APIO & Executive Engineer Municipal Corporation of Delhi O/o the suptdg. Engineer (C)-I, Central Zone, Lajpat Nagar, New Delhi - 110024 RTI application filed on : 24/04/2009 PIO replied : 26/05/2009 First appeal filed on : 15/06/2009 First Appellate Authority order : Not mentioned Second Appeal received on : 25/09/2009 Date of Notice of Hearing : 13/10/2009 Hearing Held on : 17/11/2009 The Appellant had sought following information:
Sl Information Sought PIO's Reply (i) How many property unauthorized under As per record, construction was found in progress
construction at village sarai jullena the from 1-3-2008/ till dated i.e. upto 27.4.2009, only details of the property with no. and name in two properties in sarai jullena, bearing of the owner from the date of 1.3.2008 to p.no.161, Sarai jullena and 156, sarai jullena and till date in village - sarai julllena? as per record, notice of unauthorized construction was issued to Shri Balram in respect of p.no.161 sarai jullena. However, name of the owner of p.no.156 sarai jullena is nor available with this office.
(ii) How many property booked by the As per record, only obne property is booked in building department and what action Sarai Jullena from 2008/ till 27/4/2009 bearing no. taken by the building department? 161 Sarai Jullena and a demolition action was taken against the same on 19.6.2008.
(iii) Provide me the certified copies of the As per record, compolaint regarding unauthorized complaint receive don 27//5/2008 and contruction has been receivein this office on 30/5/2008 from Task Force MCD 27.5.2008 and 30.5.2008 from STF in respect of vigilance Department in respect of unauthorized construction in p.no.156, sarai Unauthorized construction in properties jullena. However, same are not traceable in the no. 156 sarai jullena, New Delhi. office.
(iv) How many properties visited by the As per record, only two properties were inspected officials of the building department by the officials of building department from provide me the properties wise detail and 1.3.2008 to 27.4.2009 and action u./s 34492) of what action wa taken by the building the DMC Act was taken against property no. 156 department (MCD) in villae sarai jullena? Sarai Jullena. Action under Section 313 and 344 of the DMC Act was initiated by this office in respect of P.no.161 Sarai Jullena and a demolition action was taken against the same on 19.6.2008.
(v) Please provide me the certified copy of Copy of letter dated 31.5.2008, addressed SHO letter no. D/97 AE(B)-II Central Zone / Police Station New Friends Colony in respect of 2008 dated 31/5/2008 in respect of P.no.156 Sarai Jullena can be furnished on stoppage of unauthgorized construction in payment of Rs.28/- as per provisions of RTI Act. property no. 156, Sarai Jullena, New Delhi. Which was sent to Police Station, New Friends Colony, New Delhi regarding.
(vi) Please provide me the certified copy of Reply is as furnished at (v) above.
Letter No.D/97 AE(B)-II Central Zone / 2008 dated 31.5.2008 in respect of stoppage of unauthorized construction in property no.156, Sarai Jullena, New Delhi. Which was sent to Police Station, New Friends Colony, New Delhi regarding.
(vii) Please provide me the certified copy of As per record, no action is taken against property the action taken on property no. 156 sarai no. 156, Sarai Jullena except action u/s/344(2) of jullena and a certified copy of report the DMC Act, as stated in point no. (iv) above. submitted by junior engineer and zonal engineer after visiting the property no.
156 sarai jullena and also provide me the certified copy of status report against action regarding property n. 1546 sarai jullena.
(viii) Please provide me a certified copy of As per record, there is no booking of unauthorized Missal register were our property no. 156 construction in respect of p.no.156 sarai julienne. sarai jullena is booked and provide the certified copy of the notice issued by the building department against property no.
156 Sarai Jullena.
(ix) Please provide me certified copies ofNo diary for the requisite period is available with this office. However, as per record, Shri Rajev daily diary maintained by Zonal Engineer Garg, JE remained posed from 1.3.2008 to and Junior engineer deals with village sari 21.5.2008, Shri S.K.Chauhan, JE remained posted julienne with effect from 1.3.08 it 28.2.09 from 22.5.2008 to 9.1.2009 and Shri V.D.Vashist, and also give the name of those officials JE remained posted from 10.1.2009 to 28.2.2009 who deals with village sari julienne i.e. 1.3.2008 to 28.2.2009. and Shri Mohd. Anjum, AE remained posted from 1.3.2008 to 28.22009 in the area of Sari Julienna.
(x) Provide me the details of conveyance As per record, Shri S.K.Chauhan, E is given fixed allowance to these officials w.e.f. conveyance allowance of Rs.320/- per month, 1.3.2008 to 28.2.2009. Shri. V.D. Vashist, JE is given fixed conveyance allowance of Rs.365/- per month as Shri Mohd. Anjum, AE is given fixed conveyance allowance of Rs.320/- per month. There is no record, with regard to conveyance allowance given to Shri Rajeev Garg, JE.
First Appeal:
Wrong and incomplete information provided. Order of the FAA:
Not mentioned.
Ground of the Second Appeal:
PIO has not provided proper and complete information.
Relevant Facts emerging during Hearing: The following were present:
Appellant: Mr. Amar Singh Sharma;
Respondent: Mr. J.S.Yadav, APIO & Executive Engineer;
The PIO has provided some of the information but will provide the following information now to the Appellant;
1- Query-3: The PIO has provided photocopies he will certify these copies and give it to the Appellant.
2- Query-7: The PIO states that there is no report in writing submitted by JE or AE after the visit. The PIO will give this information to the Appellant in writing.
Decision:
The Appeal is allowed.
The PIO is directed to give the above information to the Appellant before 25 November 2009.
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 17 November 2009 (In any correspondence on this decision, mention the complete decision number.)(RM)