Indian Kanoon - Search engine for Indian Law

Central Information Commission

Arun Lohan vs North Delhi Municipal Corporation ... on 4 April, 2019

                                के न्द्रीयसूचनाआयोग
                      Central Information Commission
                             बाबागंगनाथमागग,मुननरका
                      Baba Gangnath Marg, Munirka
                        नईददल्ली, New Delhi - 110067

 नितीय अपील संख्या / Second Appeal No. CIC/NDMCE/A/2017/152691

Shri Arun Lohan                                             ... अपीलकताग/Appellant

                                  VERSUS
                                    बनाम
PIO, Executive Engineer (Bldg.)-I,                    ...प्रनतवादीगण /Respondents
Keshav Puram Zone, NDMC, Sec-05, KPZ,
Delhi-110085
Through: Sh. O S Rana-AE(B-I), KPZ

Date of Hearing                      :   02.04.2019
Date of Decision                     :   02.04.2019
Information Commissioner          :      Shri Y. K. Sinha
Relevant facts emerging from appeal:

RTI application filed on             :   09.05.2017
PIO replied on                       :   22.06.2017
First Appeal filed on                :   01.07.2017
First Appellate Order on             :   24.07.2017
2ndAppeal/complaint received on      :   28.07.2017

Information sought

and background of the case:

The Appellant filed an RTI application dated 09.05.2017, seeking information on five points regarding unauthorized construction on the roof of house No. A- 10, Raksha Kunj Society, Paschim Vihar, Delhi including about action taken by the department so far on this issue.

JE(B)/RZ vide letter dated 21.06.2017 provided point wise information to the Appellant stating that the property in question has been booked on 15.05.2017 and that the area in question has been taken over by the then West Zone.

Being dissatisfied, the Appellant filed the First Appeal dated 01.07.2017. Superintending Engineer-I/RZ, FAA vide order dated 24.07.2017 upheld most of the responses of the PIO and held as follows:-

"Point No. 5:- EE(B)-IRZ(PIO) is hereby asked to transfer to RTI application to concerned public authorities Maintenance Division of South DMC, within 48 hrs".

Feeling aggrieved over the non-compliance of FAO, the Appellant approached the Commission with the instant Second Appeal. Facts emerging in Course of Hearing:

Both parties are present for hearing. Appellant has produced a document whereby DDA has stated that the area of Defence Ministry employees CGHS (Raksha Kunj) Paschim Vihar falls under jurisdiction of North DMC, Rohini. Respondent from Keshav Puram Zone states that the instant case was initially filed with Rohini Zone, where the jurisdiction lay in 2017. However, the jurisdiction of the concerned area has now been allocated to Keshav Puram Zone but the Raksha Kunj Society has not yet been handed over by DDA to the Municipal corporation. The respondent has further explained that the notification produced by the appellant is indicative of handing over of services to be carried out in the area pertaining to the notified areas, but jurisdiction of building activities of the area in question have not been handed over by DDA.

Decision Examination of facts of the case and contradictory stance of the parties reveal that the most pertinent question is the jurisdiction over the Raksha Kunj Society, Paschim Vihar, Delhi. Under the circumstances, the Commission hereby directs PIO, Keshav Puram Zone to submit a complete report before the Commission, supported by relevant documents confirming the exact status about jurisdiction over the Raksha Kunj Society, whether it vests with DDA or the North DMC. The said Report shall be submitted by the PIO, Keshav Puram Zone by 15.04.2019, with an advance copy marked to the appellant, for him to take appropriate recourse.

The appeal is disposed off with the above 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 2 of 2