Central Information Commission
Shanker Dass Falwaria vs Mcd on 4 October, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place
New Delhi-110066
F. No.CIC/YA/A/2015/002028
CIC/YA/A/2015/002031
CIC/YA/A/2015/002032
CIC/YA/A/2015/002033
CIC/YA/A/2015/002034
CIC/YA/A/2015/002037
CIC/YA/A/2015/002038
CIC/YA/A/2015/002039
CIC/YA/A/2015/002231
CIC/YA/A/2015/002234
CIC/YA/A/2015/002236
CIC/YA/A/2015/002238
CIC/YA/A/2015/002242
CIC/YA/A/2015/002244
CIC/YA/A/2015/002632
CIC/YA/A/2015/002633
Date of Hearing : 08.09.2016
Date of Decision : 12.09.2016
Appellant/Complainant : Shri Shanker Dass Falwaria,
Delhi
Respondent : CPIO, South Delhi Municipal
Corporation, Delhi
Through:
Shri Mohd. Anjum, PIO/EE - WZ
Information Commissioner : Shri Yashovardhan Azad
Since common parties are involved in the present appeals, they are
being clubbed together for hearing and disposal to avoid multiplicity of
the proceedings.
Relevant facts emerging from appeal:
Case No. RTI filed on CPIO reply First appeal FAA order 2nd appeal
filed filed on
2038 29.04.2015 No reply 04.06.2015 10.08.2015 22.09.2015
2031 29.04.2015 24.07.2015 31.05.2015 10.08.2015 22.09.2015
2032 08.05.2015 15.07.2015 13.06.2015 20.07.2015 22.09.2015
2033 08.05.2015 24.07.2015 12.06.2015 20.07.2015 22.09.2015
&
27.07.2015
2034 18.05.2015 15.07.2015 26.06.2015 03.08.2015 22.09.2015
2037 29.04.2015 24.07.2015 04.06.2015 10.08.2015 22.09.2015
2038 15.04.2015 18.05.2015 25.05.2015 24.06.2015 22.09.2015
2039 29.04.2015 No reply 04.06.2015 08.07.2015 22.09.2015
2231 29.04.2015 13.07.2015 08.06.2015 13.07.2015 22.09.2015
2234 07.05.2015 13.07.2015 13.06.2015 13.07.2015 22.09.2015
2236 30.04.2015 13.07.2015 09.06.2015 13.07.2015 22.09.2015
2238 01.05.2015 13.07.2015 11.06.2016 13.07.2015 22.09.2015
2242 02.05.2015 13.07.2015 12.06.2015 13.07.2015 22.09.2015
2244 01.05.2015 13.07.2015 10.06.2015 13.07.2015 22.09.2015
2632 05.05.2015 13.07.2015 15.06.2015 13.07.2015 16.10.2015
2633 04.05.2015 No reply 15.06.2015 13.07.2015 16.10.2015
CIC/YA/A/2015/002028
Information soughtand background of the case:
The appellant vide RTI application dated 29.04.2015 sought information under 2 points regarding reason for not transferring the application of appellant dated 14.11.2013 to other public authorities/PIO(s). CPIO did not respond to the RTI application. The appellant preferred first appeal. FAA vide order dated 10.08.2015 directed the CPIO to furnish sought information to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission.
CIC/YA/A/2015/002031 Information sought and background of the case:
The appellant vide RTI application dated 29.04.2015 sought information regarding reason for non compliance of First Appellate Order by PIO/EE(B), W.Z, SDMC, New Delhi. CPIO replied on 24.07.2015. The appellant preferred first appeal. FAA vide order dated 10.08.2015 directed the CPIO to comply with the orders of FAA and should furnish sought information to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission.
CIC/YA/A/2015/002032 Information sought and background of the case:
The appellant vide RTI application dated 08.05.2015 sought information under 2 points regarding action taken report of complaint dated 05.05.2015. CPIO vide letter dated 15.07.2015 furnished information on point no. 1 as available on record. The appellant preferred first appeal. FAA vide order dated 27.07.2015 directed the PIO/EE(B) to transfer RTI application furnishing for information on point no. 2. Feeling aggrieved over non compliance of FAO the appellant approached the Commission.
CIC/YA/A/2015/002033 Information sought and background of the case:
The appellant vide RTI application dated 08.05.2015 sought information under 2 points regarding property No. WZ-47, Meenakshi Garden, New Delhi. CPIO vide letter dated 24.07.2015 furnished point wise information as available on record. The appellant preferred first appeal. FAA vide order dated 27.07.2015 directed the PIO/EE(B)-I to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission.
CIC/YA/A/2015/002034 Information sought and background of the case:
The appellant vide RTI application dated 18.05.2015 sought information regarding sanctioned building plan (Blue Print) dated 15.10.2015 in respect of Property No. WZ-47, Meenakshi Garden, New Delhi. CPIO vide letter dated 15.07.2015 denied information u/s 8(1)(j) of RTI Act, 2005. The appellant preferred first appeal. FAA vide order dated 03.08.2015 directed the CPIO to furnish modified reply to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission.
CIC/YA/A/2015/002037 Information sought and background of the case:
The appellant vide RTI application dated 29.04.2015 sought information under 2 points regarding the reason for not furnishing reply by PIO/EE(B)-I. CPIO vide letter dated 24.07.2015 furnished information as available on record. The appellant preferred first appeal. FAA vide order dated 10.08.2015 directed the CPIO to furnish sought information to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission.
CIC/YA/A/2015/002038 Information sought and background of the case:
The appellant vide RTI application dated 15.04.2015 sought information regarding list of mobile numbers with name of officers of West Zone, SDMC, Rajori Garden, New Delhi-110027. CPIO vide letter dated 18.05.2015 furnished information as available on record. The appellant preferred first appeal. FAA vide order dated 24.06.2015 disposed of appeal by upholding the reply of CPIO. Feeling aggrieved the appellant approached the Commission.
CIC/YA/A/2015/002039 Information sought and background of the case:
The appellant vide RTI application dated 29.04.2015 sought information regarding reason for furnishing wrong information under RTI Act. CPIO did not respond to the RTI application. The appellant preferred first appeal. FAA vide order dated 08.07.2015 directed the CPIO to furnish sought information to the appellant within 10 days. Feeling aggrieved over non compliance of FAO the appellant approached the Commission.
CIC/YA/A/2015/002231 Information sought and background of the case:
The appellant vide RTI application dated 29.04.2015 sought information reason for non compliance of order passed by the Hon'ble CIC. CPIO vide letter dated 13.07.2015 called upon the appellant to inspect the record in the office. The appellant preferred first appeal. FAA vide order dated 13.07.2015 called upon the appellant to inspect the record and can obtain the relevant information from PIO/EE(B)-I. Feeling aggrieved the appellant approached the Commission.
CIC/YA/A/2015/002234 Information sought and background of the case:
The appellant vide RTI application dated 07.05.2015 sought information regarding reasons for non compliance of Hon'ble CIC order. CPIO vide letter dated 13.07.2015 called upon the appellant to inspect the relevant record from the office of PIO(B). The appellant preferred first appeal. FAA vide order dated 13.07.2015 called upon the appellant to inspect record and obtain the relevant information from PIO/EE(B). Feeling aggrieved the appellant approached the Commission.
CIC/YA/A/2015/002236 Information sought and background of the case:
The appellant vide RTI application dated 30.04.2015 sought information regarding reason for non compliance of Hon'ble CIC Order. CPIO vide letter dated called upon the appellant to inspect record and obtain relevant information from PIO/EE(B-I. The appellant preferred first appeal. FAA vide order dated 13.07.2015 called upon the appellant to inspect the record and obtain the relevant information from PIO/EE(B)-I. Feeling aggrieved the appellant approached the Commission.
CIC/YA/A/2015/002238 Information sought and background of the case:
The appellant vide RTI application dated 01.05.2015 sought information regarding non compliance of Hon'ble CIC Order. CPIO vide letter dated 13.07.2015 called upon the appellant to inspect the relevant record. The appellant preferred first appeal. FAA vide order dated 13.07.2015 called upon the appellant to inspect the record and obtain information from PIO/EE(B)-I. Feeling aggrieved the appellant approached the Commission.
CIC/YA/A/2015/002242 Information sought and background of the case:
The appellant vide RTI application dated 02.05.2015 sought information regarding non compliance of Hon'ble CIC order. CPIO vide letter dated 13.07.2015 called upon the appellant to inspect the relevant record. The appellant preferred first appeal. FAA vide order dated 13.07.2015 called upon the appellant to inspect the record and obtain the relevant information from PIO/EE(B)-I. Feeling aggrieved the appellant approached the Commission.
CIC/YA/A/2015/002244 Information sought and background of the case:
The appellant vide RTI application 01.05.2015 sought information regarding non compliance of Hon'ble CIC Order. CPIO vide letter dated 13.07.2015 called upon the appellant to inspect the relevant record. The appellant preferred first appeal. FAA vide order dated 13.07.2015 called upon the appellant to inspect and obtain the relevant information from PIO/EE(B)-I. Feeling aggrieved the appellant approached the Commission.
CIC/YA/A/2015/002632 Information sought and background of the case:
The appellant vide RTI application dated 05.05.2015 sought information regarding non compliance of Hon'ble CIC order.
CPIO vide letter dated 13.07.2015 called upon the appellant to inspect the relevant record. The appellant preferred first appeal. FAA vide order dated 13.07.2015 called upon the appellant to inspect the record and obtain the relevant information from PIO/EE(B)-I. Feeling aggrieved the appellant approached the Commission.
CIC/YA/A/2015/002633 Information sought and background of the case:
The appellant vide RTI application dated 04.05.2016 sought information regarding reason for non compliance of Hon'ble CIC Order. CPIO did not respond to the RTI application. The appellant preferred first appeal. FAA vide order dated 13.07.2015 called upon the appellant to inspect and obtain the relevant information from PIO/EE(B). Feeling aggrieved the appellant approached the Commission.
Relevant facts emerging during hearing:
The appellant is absent despite notice. The respondent is present and heard. The CPIO states that identical appeals preferred by appellant/his spouse have been adjudicated by this Commission in the past. He apprises the Commission that 30 appeals preferred by wife of the appellant were heard by this Commission on 23.08.2016 and the appellant namely, Shri Shankar Dass Falwaria was heard at length. He states that certain directions were passed by the Commission in favour of appellant while disposing the aforesaid appeals and the same are being complied with. He states that the appellant is putting undue pressure on the public authority with a view to seek regularization of his premises. He relies on written submissions, which are reproduced hereinafter:
It is submitted that a number of RTI applications have been filed by Shri Shankar Dass Falwaria and Smt. Kamla Devi in the year of 2011(25 application approximately) regarding construction of the property 25/3 & 25/2, Ashok Nagar, New Delhi. They have further made a number of RTI applications in the year 2013, 2014 & 2015 in which they have sought a number of queries in the same format and some other properties such as property No. WZ-47, Meenakshi Garden, 51/16, Ashok Nagar etc and the reply has also been provided to the applicant accordingly. The documents desired by the applicant in respect of other properties, could not be provided to the applicant as this is third party information.
Further it is submitted that the applicant has applied for regularization of property No. 25/3, Ashok Nagar, New Delhi on 26.09.2007 under self assessment scheme and the property was regularized vide file No. 1130/R/B/WZ/07 on 03.11.2008 on the basis of documents, statements and affidavits submitted by the applicants.
In the above said regularisation case, the applicant has given undertaking that there were some portions of the existing structure at different floors which were supposed to be demolished by the woner within two months period from the date of regularisation under self assessment scheme, but it has been found that the said yellow portion as shown over the regularization plans has not been demolished by the applicant.
It is further submitted that at the time of regularization, the owner has stated that he was the sole owner of the property. But during scrutiny it is found that he has misrepresentation before the department to get the benefit as he is the owner of the part property only.
In view of the above, the Competent Authority has revoked that said regularisation plan issued under self assessment scheme, vide Order No. D-473/EE(B)-I/WZ/2011 dated 23.06.2011 as such regularization so accorded was in consequence of material misrepresentation by the owner/occupier/architect and said building shall be deemed to have been without any regularization plan. The Competent Authority has been directed to initiate action against the existing construction as per provision as contained under DMC Act (Amended up-to-date).
It is further submitted that on dated 23.08.2016, 30 number of references were heard before Hon‟ble CIC in respect of the RTI cases of said applicants for property No. 25/3, 25/2, Ashok Nagar, WZ-47, Meenakshi Garden and 51/16, Ashok Nagar, New Delhi and some others properties repeatedly. Orders of the Hon‟ble CIC have not been received as yet in the above said cases. As and when the orders are received, the same may be complied within the time prescribed.
Today i.e. 08.09.2016, also 15 number of CIC references have to hear before Hon‟ble CIC. It is submitted that the applicants have submitted a number of RTI applications in bulk for the same information. This department has a limited resource to give the reply of the applicants in same/repeatedly questions.
However, department did its best efforts to reply all the RTI applications of the applicants well in time.
In view of the above, it is requested to dispose of all the applications of Shri Shankar Dass Falwaria and Smt. Kamla Devi r/o 25/3, Ashok Nagar, New Delhi.
-Sd-
APIO(B)-I/WZ Since the appellant is absent his views could not be ascertained.
Decision:
After hearing the respondent and perusal of record, the Commission finds that the present appeals are predicated upon RTI applications seeking information which has been the subject matter of some past appeals and complaints adjudicated by this Commission. On 25.03.2015, as many as 8 appeals preferred by the appellant herein seeking similar information was decided by this Commission. Again on 23.08.2016, 30 appeals titled as Smt. Kamla Devi Vs CPIO, SDMC preferred by wife of appellant involving identical issues were decided by this Commission. The operative portion is reproduced hereinafter:
After hearing parties and perusal of record, the Commission finds that the appellant had filed a series of RTI applications due to the perceived feeling of injustice being meted out to her by SDMC. The appellant is aggrieved inasmuch as relaxation allowed to his neighbour was not allowed in his case. In this context, the concept of „negative equality‟ as fortified by the Hon‟ble Supreme Court in State of Bihar v Kameshwar Prasad Singh AIR 2000 SC 2306 may be referred to:
"The concept of equality as envisaged under Article 14 of the Constitution is a positive concept which cannot be enforced in a negative manner. When any authority is shown to have committed any illegality or irregularity in favour of any individual or group of individuals others cannot claim the same illegality or irregularity on ground of denial thereof to them. Similarly wrong judgment passed in favour of one individual does not entitle others to claim similar benefits."
In Gursharan Singh & Ors. v. NDMC & Ors. [1996 (2) SCC 459] the Apex Court observed:
"Neither Article 14 of the Constitution conceives within the equality clause this concept nor does Article 226 empower the High Court to enforce such claim of equality before law. If such claims are enforced, it shall amount to directing to continue and perpetuate an illegal procedure or an illegal order for extending similar benefits to others."
Thus the contention of appellant, claiming parity with others who were left out from operation of law, is flawed per se. Regularization or compounding of an illegal act is a concession, which cannot be claimed as a matter of right. However, the reasons for decision to grant/withhold concession of regularization to an applicant squarely fall within the purview of Section 4(1) (d) of the RTI Act, 2005, and an affected individual can seek reasons for decisions affecting him.
The appellant is aggrieved since her numerous requests seeking regularization of her property did not find favour with SDMC. As a result, 25 RTI applications were filed by the appellant seeking voluminous information in certain cases but primarily focussing on SDMC‟s decision on regularisation of buildings in her area i.e. Ashok Nagar. Upon the direction from the Commission to refocus the repetitive & scattered queries, the appellant agreed to focus on 5 major issues, which are reproduced hereinafter:
1. Details of actions taken alongwith dates against unauthorized construction with respect to the properties 25/2 and 25/3 in Ashok Nagar area and the current status regarding regularisation of respective properties.
2. Information regarding the status of application filed for regularisation of 25/3, Ashok Nagar and the reasons for delay thereof since the adjacent buildings with similar dimensions and similar action taken against, has already been regularised.
3. Copy of the petition of Ishwari Devi in court, alleging the unequal treatment meted out by the MCD with respect to action taken against similar nature of unauthorized construction different buildings. Since MCD would have responded in court to the charges levelled and which are similar to the nature appellant has filed, there is a reasonable ground for asking the copy of the petition.
4. Information regarding action taken report by the MCD against 20 properties in the area on the basis of complaint filed by the SHO in the area. The appellant agrees to down the query to 20 as agreed by the representative of the appellant from 86 as mentioned in original RTI application.
5. Copy of SDM letter sent to MCD regarding property 25/3, Ashok Nagar.
The respondent CPIO shall provide complete information on the aforesaid points to the appellant within 3 weeks of the receipt of this order under intimation to the Commission....
In view of the submission made by the CPIO and perusal of earlier decisions by this Commission, I am of the considered view that the past adjudication by this bench takes care of the issues involved in the present bunch of appeals.
Hence, as a sequel to the preceding discussion, the present appeals are barred by the principles of constructive res-judicata. The appeals are disposed in terms of the order dated 02.09.2016 passed in CIC/YA/A/2015/002029 and accompanying batch of 29 appeals.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer Copy to:-
Public Information Officer under RTI First Appellate Authority under RTI Executive Engineer-(Bldg.-I) / West Zone, Superintending Engineer-I / West Zone, South Delhi Municipal Corporation, South Delhi Municipal Corporation, Building Department, West Zone, West Zone, Zonal Office Building, Vishal Enclave, Rajouri Garden, Vishal Enclave, Rajouri Garden, New Delhi-110027. New Delhi-110027.
Public Information Officer under RTI Public Information Officer under RTI Assistant Engineer-(Bldg.) / West Zone, Office Incharge - (Bldg.) / West Zone, South Delhi Municipal Corporation, South Delhi Municipal Corporation, Building Department, West Zone, Building Department, West Zone, Vishal Enclave, Rajouri Garden, Vishal Enclave, Rajouri Garden, New Delhi-110027. New Delhi-110027.
Shri Shanker Dass Falwaria House No. : 25/3, Ashok Nagar, Tilak Nagar, New Delhi-110018.