Central Information Commission
Mr. Vivek Kumar Garg vs Mcd on 7 January, 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/2009/003197/6327
Appeal No. CIC/SG/A/2009/003197
Appellant : Mr. Vivek Kumar Garg,
18/1, GF, Shakti Nagar,
Delhi - 110007
Respondent : Public Information Officer,
Office of the Dy. Commissioner,
MCD Civil Lines Zone,
16 Rajpur Road,
New Delhi - 110054
RTI application filed on : 26/08/2009
PIO replied : 00/00/0000
First Appeal filed on : 22/10/2009
First Appellate Authority order : 30/10/2009
Second Appeal filed on : 21/12/2009
Information sought:
Upto date & duly type on computer information are required regarding various illegal constructions in property nos as given below
i) 24/5, 24/6 25/120, 18/25, 33/16, 19/1, 19/2, - all at Shakti Nagar, Delhi-7
ii) 7259(clouds Banquet Hall), Prem Nagar near Shakti Nagar, GT road Delhi-7
iii) D-10, A-41, A-82 all at Kamala Nagar
1. Provide certified copies of complaint & all documents, filled by the councilor & MLA of this ward against the illegal construction in these properties.
2. Provide certified copies of all site inspection report of all properties, done by MCD & other officers of various departments.
3. Provide certified copies of all approved building/section plans of MCD of each property.
4. Provide certified copies of all sealing, demolition orders, of each property.
5. Provide certified copies of all notification issued related to all properties of above comp.
6. provide date of demolition of each property & action taken report
7. Give details of those properties, who deviated the construction against the approved building plan of MCD.
8. What is the allowed FAR of each property? Give property wise details.
9. What is the allowed height of each property? Give property wise details.
10. What is the allowed Front, Back, Side setback of each property? Give property wise details.
11. What is the allowed Ground Coverage of each property? Give property wise details.
12. Provide full list of MCD officials, with there portfolios, mobile numbers, amount of salary, under whose tenure these illegal properties were construed.
13. Provide full list of MCD officials, with there portfolios, mobile numbers, amount of salary, under whose tenure these illegal properties were Sealed or Demolished.
14. give proper land use (Commercial, Residential, Industrial, or others) of each property
15. What kind of violation in land use, is being or were being, done by the property owners.
Give list of each property, who are/were using the property, against the property land use.
16. Give the notings of each property.
17. provide certified copies of each reports/ complains/ information send/submitted by Delhi police (PS Roop Nagar), to MCD
18. Provide certified copies of all FIRs, registered against these property owners.
19. Give amount of House Tax of each property, paid by these property owners, during last three financial years i.e. 2007-2008, 2008-2009 & 2009-2010.
20. What is the provision of parking in these areas? Give full details
21. Has basement been permitted? If yes what is the land use allowed for basement
22. give certified copies of completion certificate of each property
23. Give certified copies of all orders, directions etc. issued by the areas councilor, MLA in any matter of above properties, which are duly signed by them.
24. Give full name of the roads/street on which these properties have been constructed. Also inform land use status of these roads i.e. residential, mix land, commercial, industrial etc.
25. Give list of all those govt. departments, from whom it is mandatory to obtain NOCs before starting the construction. Also provide certified copies of each NOC, obtain by owners PIO reply:
No reply.
Grounds for First Appeal:
PIO did not provide the information.
Order of the First Appellate Authority:
PIO director to furnish para-wise & complete information within a period of 10 days.
Grounds for Second Appeal:
PIO not provide the information even after the First Appellate Authority order.
Decision:
It appears that no information has been provided to the appellant without any reasons. The First Appellate Authority had clearly ordered the information to be given to the appellant within 10 days of his order on 26/08/2009. Hence it appears that the FAA's order has not been implemented.
The appeal is allowed.
The PIO is directed to provide the complete information to the appellant before 30 January 2010.
The issue before the Commission is of not supplying the complete, required information by the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act. He has further refused to obey the orders of his superior officer, which raises a reasonable doubt that the denial of information may also be malafide. The First Appellate Authority has clearly ordered the information to be given.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
He will present himself before the Commission at the above address on 5 February 2010 at 10.30am alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). He will also submit proof of having given the information to the appellant.
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 7 January 2010 (In any correspondence on this decision, mention the complete decision number.) (SR)