Central Information Commission
Harish Kumar vs North Delhi Municipal Corporation ... on 31 August, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi-110067
ि तीय अपील सं या / Second Appeal Nos.
CIC/NDMCC/A/2019/126989 CIC/NDMCP/A/2019/112301
CIC/NDMCP/A/2019/112302 CIC/NDMCP/A/2019/112303
CIC/NDMCP/A/2019/112304 CIC/NDMCP/A/2019/112305
CIC/NDMCP/A/2019/114509 CIC/NDMCP/A/2019/126338
CIC/NDMCP/A/2019/126339 CIC/NDMCP/A/2019/126340
CIC/NDMCP/A/2019/126990 CIC/NDMCP/A/2019/126992
CIC/NDMCP/A/2019/126993 CIC/NDMCP/A/2019/158094
CIC/NDMCP/A/2019/158095 CIC/NDMCP/A/2019/158096
Shri Harish Kumar ... अपीलकता /Appellant
628/3, Shivaji Road, Pul Mithai
Behind Azad Market, Delhi - 110006
VERSUS/बनाम
PIO/EE (B)-II, City S.P.Zone, ... ितवादीगण /Respondent
North DMC, Old Hindu College,
Nigam Bhawan, Kashmiri Gate, Delhi - 06
Date of Decision : 31.08.2020
Information Commissioner : Shri Y. K. Sinha
Case No. Date of CPIO reply First FAA's Second
RTI Appeal Order Appeal filed
dated dated on
126989 17.12.2018 15.01.2019 06.06.2019 08.03.2019 07.06.2019
112301 17.10.2018 21.12.2018 17.12.2018 27.12.2018 18.03.2019
112302 09.10.2018 21.12.2018 10.12.2018 27.12.2018 18.03.2019
112303 09.10.2018 21.12.2018 10.12.2018 27.12.2018 18.03.2019
112304 09.10.2018 21.12.2018 10.12.2018 27.12.2018 18.03.2019
112305 09.10.2018 21.12.2018 10.12.2018 27.12.2018 18.03.2019
114509 08.10.2018 21.12.2018 10.12.2018 27.12.2018 29.03.2019
126338 14.11.2018 30.01.2019 11.01.2019 05.03.2019 03.06.2019
Page 1 of 13
126339 15.11.2018 30.01.2019 11.01.2019 05.03.2019 03.06.2019
126340 15.11.2018 30.01.2019 11.01.2019 05.03.2019 03.06.2019
126990 17.12.2018 23.01.2019 04.02,2019 08.03.2019 07.06.2019
126992 17.12.2018 30.01.2019 04.02.2019 08.03.2019 07.06.2019
126993 02.01.2019 18.02.2019 07.02.2019 08.03.2019 07.06.2019
158094 24.06.2019 28.08.2019 13.08.2019 02.09.2019 02.12.2019
158095 01.07.2019 29.07.2019 05.08.2019 02.09.2019 02.12.2019
158096 20.06.2019 16.08.2019 05.08.2019 02.09.2019 02.12.2019
(1) CIC/NDMCC/A/2019/126989
Information soughtand background of the case:
The Appellant filed an RTI Application dated 25.06.2018 and sought details of vacation notice issued by the AE, Building-1I CSPZ,u/s 349 of DMC Act,after issuance of notice/misuse notice u/s 343 &of DMC Act for the respective wards and also sought certified copies of vacation notices.
The PIO/EE-(Bldg.)II, City Sadar Pahar Ganj Zone, North MCD vide reply dated 15.01.2019 provided point-wise reply to the Appellant from records available.
The Appellant was also informed that copies of all the vacation notices cannot be provided being voluminous in nature and also being the third party matter.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 05.02.2019 which was decided by the First Appellate Authority vide order dated 08.03.2019, directing the PIO to provide specific and complete question wise reply as per available records within 15 days positively.
(2) CIC/NDMCP/A/2019/112301 Information sought and background of the case:
The Appellant filed an RTI Application dated 17.10.2018 seekingcertified copy of his representation dated 24.08.2018with annexure 18 photographs which was originally addressed to Member, Monitoring Committee (SCI) regarding unauthorized construction in ward No.79 (Shastri Nagar) in 18 properties. the appellant alleged that the said construction was carried out without obtaining any permission or sanctioned building plan from City S.P.Zone. The appellant also sought certified copies of Inspection Report, all U/C files, Work Stop notice, Demolition Order, all SBP files and also sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/EE-(Bldg.)I, City S.P. Zone, North DMC vide reply dated 21.12.2018 provided a point-wise reply to the Appellant from records available.Page 2 of 13
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 17.12.2018 which was decided by the First Appellate Authority/Superintending Engineer, City S.P.Zone vide order dated 27.12.2018 directing the PIO to provide specific/modified information as per RTI Act within 20 days positively.
(3) CIC/NDMCP/A/2019/112302 Information sought and background of the case:
The Appellant filed an RTI Application dated 09.10.2018 seeking certified copy of his representation dated 09.07.2018 with annexed photographs which was originally addressed to Member, Monitoring Committee (SCI), regarding inaction by the Deputy Commissioner in respect of unauthorized construction in ward No.79 (Shastri Nagar) in 25 properties, carried out without permission/ sanctioned building plan. It is the appellant's case that the representation is still pending in the name of the then Junior Engineer Shri Mahipal Singh Panwar for ATR and Status Report. The appellant sought certified copies of Inspection Report, all U/C files, Work Stop notice, Demolition Order, all SBP files and also action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/EE-(Bldg.)I, City S.P. Zone, North DMC vide reply dated 21.12.2018 provided a point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 10.12.2018 which was decided by the First Appellate Authority/Superintending Engineer, City S.P.Zone vide order dated 27.12.2018 directing the PIO to provide specific/modified information as per RTI Act within 20 days positively.
(4) CIC/NDMCP/A/2019/112303 Information sought and background of the case:
The Appellant filed an RTI Application dated 09.10.2018 seekingcertified copy of his representation dated 16.07.2018with annexed photographs which was originally addressed toMember, Monitoring Committee (SCI), regarding inaction by the Deputy Commissioner in respect of unauthorized construction in ward No.79 (Shastri Nagar) in 25 properties, carried out without permission/ sanctioned building plan. The appellant stated that the representation is still pending in the name of the then Asstt. Engineer Shri Adish Kumar for ATR and Status Report. The appellant also sought certified copies of Inspection Report, all U/C files, Work Stop notice, Demolition Order, all SBP files and also sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. Page 3 of 13 The PIO/EE-(Bldg.)I, City S.P.Zone, North DMC vide reply dated 21.12.2018 provided a point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 10.12.2018 which was decided by the First Appellate Authority/Superintending Engineer, City S.P.Zone vide order dated 27.12.2018 directing the PIO to provide specific/modified information as per RTI Act within 20 days positively.
(5) CIC/NDMCP/A/2019/112304 Information sought and background of the case:
The Appellant filed an RTI Application dated 09.10.2018 and sought certified copy of his representation dated 09.07.2018with annexed photographs which was originally addressed to Member, Monitoring Committee (SCI), regarding inaction of the Deputy Commissioner in respect of unauthorized construction in property No.B-1244, Main Bazar,Shastri Nagar (Ward No.7), carried out without permission/sanctioned building plan, claiming that the representation is still pending in the name of the then Jr. Engineer Shri Mahipal Singh Panwar for ATR and Status Report. The appellant also sought certified copy of Inspection Report, certified copies of all U/C files, Work Stop notice, Demolition Order, all SBP files and sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/EE-(Bldg.)I, City S.P.Zone, North DMC vide reply dated 21.12.2018 provided a point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 10.12.2018 which was decided by the First Appellate Authority/Superintending Engineer, City S.P.Zone vide order dated 27.12.2018 directing the PIO to provide specific/modified information as per RTI Act within 20 days positively.
(6) CIC/NDMCP/A/2019/112305 Information sought and background of the case:
The Appellant filed an RTI Application dated 09.10.2018 and sought certified copy of his representation dated 16.07.2018with annexed photographs which was originally addressed to Member, Monitoring Committee (SCI),regarding inaction of the Deputy Commissioner in respect of unauthorized construction in 09 properties, carried out after issuance of work stop notice by the Building Department. The appellant claimed that the representation is still pending in the name of the Asstt. Engineer Shri Adish Kumar Jain for ATR and Status Report. The appellant also sought certified copies of Inspection Report, all U/C file, Work Stop notice, Demolition Order, all SBP files and also sought action Page 4 of 13 taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/EE-(Bldg.)I, City S.P.Zone, North DMC vide reply dated 21.12.2018 provided a point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 10.12.2018 which was decided by the First Appellate Authority/ Superintending Engineer, City S.P.Zone vide order dated 27.12.2018 directing the PIO to provide specific/modified information as per RTI Act within 20 days positively.
(7) CIC/NDMCP/A/2019/114509 Information sought and background of the case:
The Appellant filed an RTI Application dated 09.10.2018 and sought certified copy of his representation dated 16.07.2018 with annexed photographs which was originally addressed to Member, Monitoring Committee (SCI),regarding unauthorised construction in property No.4052, Gali Barna, Pahari Dhiraj, Delhi. The unauthorised construction was in the shape of hall at ground floor and flat on First,Second, Third and Fourth floor etc. with projection of municipal land in the shape of chajja in ward No.80 (Sadar Bazar) without obtaining any permission or sanctioned Building Plan from City S.P.Zone. The Appellant also sought certified copy of inspection report as desired by Monitoring Committee. The appellant also sought certified copied of Inspection Report, all U/C files, Work Stop notice, Demolition Order, all SBP files, sealing/de-sealing files, prosecution file, misuse file in respect of above mentioned property and sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/EE-(Bldg.)I, City S.P. Zone, North DMC vide reply dated 21.12.2018 provided a point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 10.12.2018 which was decided by the First Appellate Authority/ Superintending Engineer, City S.P.Zone vide order dated 27.12.2018 directing the PIOto provide specific/modified information as per RTI Act within 20 days positively.
(8) CIC/NDMCP/A/2019/126338 Information sought and background of the case:
The Appellant filed an RTI Application dated 14.11.2018 and sought certified copy of his representation dated 04.07.2018 with annexed list of 16 pages regarding disobeying the orders of Commissioner/North DMC dated 27.10.2017 for action against unauthorised constructed properties and the Page 5 of 13 action is still pending in the name of all Assistant Engineers. The appellant also sought certified copies of Inspection Report, all U/C file, Work Stop notice, Demolition Order, all SBP files and also sought action taken on his complaint;
details pertaining to orders issued/comments made in response to his complaint etc. The PIO/EE-(Bldg.)I, City S.P.Zone, North DMC vide reply dated 30.01.2019 provided a point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 11.01.2019 which was decided by the First Appellate Authority/ Superintending Engineer, City S.P.Zone vide order dated 05.03.2019 directing the PIO to provide specific and complete question wise reply as per available records within 20 days positively.
(9) CIC/NDMCP/A/2019/126339 Information sought and background of the case:
The Appellant filed an RTI Application dated 15.11.2018 and sought certified copy of his representation dated 05.07.2018with three photographs regarding unauthorised construction in property No.8519-23, Roshanara Road, Delhi in ward No.80 (Sadar Bazar), carried out without obtaining any permission or sanctioned Building Plan from City S.P.Zone. The appellant also sought certified copies of inspection report, all U/C file, Work Stop notice, demolition order, all SBP files and also sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/EE-(Bldg.)I, City S.P. Zone, North DMC vide reply dated 30.01.2019 provided a point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 11.01.2019 which was decided by the First Appellate Authority/ Superintending Engineer, City S.P.Zone vide order dated 05.03.2019 directing the PIOto provide specific and complete question wise reply as per available records within 20 days positively.
(10) CIC/NDMCP/A/2019/126340 Information sought and background of the case:
The Appellant filed an RTI Application dated 15.11.2018, the Appellant sought certified copy of his representation dated 05.07.2018regarding unauthorised construction in property No.8307/33, Ram Swaroop Building, Near Floor Mill, Roshnara Road, Delhi from ground, first, second & third floor etc. with projection of municipal land in ward No. 80 (Sadar Bazar)being carried out without obtaining any permission or sanctioned Building Plan from City S.P.Zone. The Appellant also sought certified copies of inspection report, all Page 6 of 13 U/C files, work stop notice, demolition order, all SBP files and also sought action taken on his complaint; details pertaining to orders issued/comments made in response to his complaint etc. The PIO/EE-(Bldg.)I, City S.P.Zone, North DMC vide reply dated 30.01.2019 provided a point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 11.01.2019 which was decided by the First Appellate Authority/ Superintending Engineer, City S.P.Zone vide order dated 05.03.2019 directing the PIO to provide specific and complete question wise reply as per available records within 20 days positively.
(11) CIC/NDMCP/A/2019/126990 Vide RTI Application dated 17.12.2018the Appellant sought details/certified copies of vacation notice issued by the AEs of Building-I, CSPZ, u/s 349 of DMC Act, after issuance of notice u/s 343, 344 and 348 of DMC Act for the respective wards from 29.08.2017 to 17.12.2018. The Appellant also sought details/certified copies of vacation notice u/s 349 of DMC Act issued by AE's of Building-I, CSPZ after issuance of MISUSE notice for the respective wards from 29.08.2017 to 17.12.2018.
The PIO/EE-(Bldg.)I, City S.P.Zone, North DMC vide reply dated 30.01.2019 informed the Appellant that information sought is not maintained/available in the required format and the information sought being voluminous in nature, definitely diverts the available resources of the office. The Appellant was advised to inspect the records which are available in their office on any working day with prior intimation.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 11.01.2019 which was decided by the First Appellate Authority/ Superintending Engineer, City S.P.Zone vide order dated 05.03.2019 directing the PIO to a provide specific and complete point wise reply to the Appellant as per available records within 20 days positively.
(12) CIC/NDMCP/A/2019/126992 Information sought and background of the case:
The Appellant filed an RTI Application dated 17.12.2018 and sought details/certified copies of all police complaints against unauthorised construction received in the Building-I, City S.P.Zone, certified copies of action taken reports with file notings, details of police complaints pending in the name of different officers, list of properties with complete address, details of complaints returned to police department alongwith action taken reports after initiating action on unauthorised construction by the Department.Page 7 of 13
The PIO/EE-(Bldg.)I, City S.P. Zone, North DMC vide reply dated 30.01.2019 provided a point-wise reply to the Appellant from records available.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 04.02.2019 which was decided by the First Appellate Authority/ Superintending Engineer, City S.P.Zone vide order dated 08.03.2019 directing the PIO to provide specific and question-wise reply as per available records within 15 days.
(13) CIC/NDMCP/A/2019/126993 Information sought and background of the case:
The Appellant filed an RTI Application dated 02.01.2019and sought certified copies of Construction Watch Register in respect of ward No.79, Shastri Nagar, Ward No.80, Sadar Badar, Ward Mo.81 Kishan Ganj, Ward No. 82 Anand Parbat, Ward No.89 Quresh Nagar, Ward No.90 Ballimaran & Ward No.91 Ram Nagar of Building-I/CSPZ during the period 29.08.2017 to 31.12.2018 which was filled by the concerned J.E.s/CSPZ of respective wards and checked by AE/EE(B)/CSPZ with a review by the competent authority i.e. SE/CSPZ.
The PIO/EE-(Bldg.)I, City S.P.Zone, North DMC vide reply dated 18.02.2019 advised the appellant to inspect the available Construction Watch Register from the concerned JE after prior intimation.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 07.02.2019 which was decided by the First Appellate Authority/ Superintending Engineer, City S.P.Zone vide order dated 08.03.2019 directing the PIO to provide specific and complete reply of question No. 1 as per available records within 15 days positively.
(14) CIC/NDMCP/A/2019/158094 Information sought and background of the case:
The Appellant filed an RTI Application dated 24.06.2019sought the following information:
1. Please provide the certified copy of Building plan Register maintained by the Building Department-l City-S.P. Zone for respective wards i.e. ward-79 Shastri Nagar, Ward-80 Sadar Bazar, Ward-81 Kishan Gani, ward-82 Anand parvat, ward-89 Quresh Nagar{Qusabpura), Ward-90 Ballimarhan and ward-91 Ram Nagar in compliance of point no.6 of CIRCULAR No. 878/Add.CM.(Engg.)/North DM C/2O17 dated 28.11.2017.
2. Please provide the certified copy of Construction Watch Registermaintained by the Junior Engineers of Building Department-I City S.P. Zone of ward-79 Shastri Nagar, Ward-80 Sadar Bazar, Ward-81Kishan Ganj, Ward-82 Anand Parvat, Page 8 of 13 Ward-89 QureshNagar(Qusabpura), Ward-90 Ballimarhan and Ward-91 Ram Nagar incompliance of point no.6 of CIRCULAR No. 878/Add.CM.(Engg.)/NorthDMC/ 2017 dated 28.11.2017.
(Queries are verbatim) The PIO/EE-(Bldg.)I, City S.P. Zone, North DMC vide reply dated 28.08.2019 informed the appellant that Building Plan register is not available since the plans are sanctioned online. He further informed the appellant that the Construction Watch Register is not updated by the Junior Engineer of the Building Deptt. due to other important building work/activities, the same cannot be provided at this stage. The appellant was advised to inspect the available Construction Watch Register from the concerned JE's after prior intimation to their office.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 13.08.2019 which was decided by the First Appellate Authority/ Superintending Engineer, City S.P.Zone vide order dated 08.03.2019 and it was observed that maintenance of Construction Watch Register is mandatory and PIO was directed to the provide a reply to query No.1 to the Appellant within 15 days.
(15) CIC/NDMCP/A/2019/158095 Information sought and background of the case:
The Appellant filed an RTI Application dated 24.06.2019and sought the following information:
1 Certified copy Misal-band Register of Bldg.I City S.P.Zone during the period of 01-01.2018 to 30.06.2019.
2 Certified copy, Demolition Register of Building -ICity S.P. Zone during the period of 01.01.2018 to 30.06.2019 3 Certified copy of Dispatch Register of EE(B-I) CityS.P. Zone during the period of 01-01-2018 to 30.06.2019 (Queries are verbatim) The PIO/EE-(Bldg.)I, City S.P.Zone, North DMC vide reply dated 29.07.2019 informed the appellant that as per Misal Band Register, all the entries of booked properties, under unauthorised construction are available on MCD website. With regard to point No.2, it was stated that soft copy of information sought is available in compiled shape and the same can be obtained after depositing requisite charges. With regard to query no.3, the Appellant was requested to obtain a copy of dispatch register for a specific date/period/property.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 05.08.2019 which was decided by the First Appellate Authority/ Page 9 of 13 Superintending Engineer, City S.P.Zone vide order dated 02.09.2019 directing the PIO to intimate the amount of rupees to be deposited for seeking information of query No.1,2 and 3 within 10 days positively.
(16) CIC/NDMCP/A/2019/158096 Information sought and background of the case:
The Appellant filed an RTI Application dated 20.06.2019 sought the following information:
1. Certified copy of Monthly Certificate which are issuedby the J.E's of ward-83 Civil Line, Ward-84 Chandni Chowk, Ward-85 Jama Masiid, Ward-86 Ajmeri Gate, Ward-87 Bazar Sita Ram and Ward 88 Delhi Gate in compliance of point No. 5 of CIRCULAR No.878/Add.CM.(Engg.)/NorthDMC/20l7 dated 28.11.2017 in which therespective J.E. is giving certificate that there is no unauthorized construction and/or encroachment on Govt./Municipal Land.
2. How many unauthorized construction are compounded under the law
3. Certified copy of regularization letter along-with thecopy of G-8 receipts of regularization charge/payment of fine in respectof query no.2.
4. How many unauthorized construction are compounded under the law are Regularized.
5. Certified copy of regularization letter along with the copy of G-8 receipts of regularization charge/payment of fine (Queries are verbatim) The PIO/EE-(Bldg.)II, City Sadar Pahar Ganj Zone, North DMC vide reply dated 16.08.2019 furnished point wise information to the appellant as available on records.
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal dated 05.08.2019 which was decided by the First Appellate Authority vide order dated 02.09.2019 directing the PIO to provide a specific and complete reply to the Appellant within 15 days positively.
Decision:
1. Before embarking upon deciding the abovementioned appeals, it is pertinent to mention that the current situation arising out of the COVID- 19 pandemic, has caused a significant disruption in the functioning of all establishments and businesses alike. In respect of the Commission, this translates into a mounting backlog of Appeals and Complaints. In such circumstances, there is a pressing need to identify cases such as the ones under adjudication for cumulative disposal in order to facilitate expedient disposal of cases. In other words, this is where the aforementioned juxtaposition comes into play as the Commission seeks to strike a fine Page 10 of 13 balance between the interests of genuine information seekers, while keeping the menace of frivolous and repetitive RTI Applicants under check.
2. The records of the above Appeals are examined and it is revealed that the Appellant in his quest for dealing with the menace of unauthorised construction in the city, has virtually endeavoured to conduct a performance audit of North DMC, in curbing the aforesaid menace of unauthorised construction as well as their other regulatory functions. The huge volume of information sought and the repetitive nature of queries have led to burdening of the public authority, who cannot only respond to such a litany of questions, neglecting other pressing duties. The Courts have on various instances remarked that the right to information is a cherished and formidable tool in the hands of a sensitive citizenry and this tool is meant to be used diligently. Though the legislation has not manifestly restricted the scope of usage of the right to seek information, but the same is inherent. The preamble and object of the RTI Act categorically state that the Act is meant to set out the practical regime of the right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.
3. The expression "practical regime" mentioned in the very preamble of this welfare legislation cannot be overlooked and must act as a guiding light while reckoning the extent of right to secure access to information. Any right cannot be unbounded or aimless nor can any right be enjoyed without observing the duty and responsibility that comes with it. A right cannot be enforced to such an extent that the underlying objective behind its parent statute gets defeated. A right ought to be exercised with responsibility. Reckless exercise of the right will defeat the purpose of the statute bestowing that right upon the individual. In the facts of the present Appeals, the act of lodging RTI applications en bloc is not in consonance with the object of the statute. On this aspect, it is pertinent to place reliance on the ratio expounded by the Hon'ble Apex Courtin the case of Central Board of Secondary Education and Anr. Vs. Aditya Bandopadhyay and Ors. [MANU/SC/0932/2011] in the following words:
37. ..... The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties.
The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritizing 'information furnishing', at the cost of their normal and regular duties.
4. Having discussed the drawback of such an avalanche of queries, it is undeniable that the concern exhibited by the Appellant for checking the menace of unauthorized construction is commendable, though the means Page 11 of 13 adopted is avoidable. Filing a series of RTI applications and flooding the CPIOs with such queries is not in keeping with the spirit of the RTI Act. This Commission being a creature of the RTI Act is duty bound to safeguard the ethos propounded by the statute. It is imperative to take a pragmatic view of the situation and ensure optimum utilisation of manpower and resources to ensure better governance. Bearing the larger public interest in mind, this Commission cannot overlook its duty towards all information seekers nor allow diversion of resources towards adjudication of queries of only selected appellants, particularly when the average waiting time before an Appellant is heard in Second Appeal is more than one year. As is well known, justice delayed is justice denied. Timely dispensation of justice is essential and a right of every citizen of this country. A single information seeker cannot usurp a collective right to the disadvantage of all others having an identical right nor a person be allowed to file indiscriminate and unchecked Second Appeals so as to clog the system of adjudication itself to the detriment of others. It will lead to a criminal waste of time and resources of the Commission which has the obligation to cater to thousands of genuine information seekers.
5. After careful consideration of the various aspects of the above appeals, it is noted that the common ground for filing of these appeals is non-compliance of the orders passed by the FAA. Perusal of the orders of the FAA reflect a mechanical disposal of the First Appeals, without addressing the moot question agitated by the appellant. Instead of the perfunctory and generic orders passed by the FAA, had the First Appeals been adjudicated on merits of the case, it could have resolved the issues at that stage itself.
6. While adjudicating the facts of the cases, it is also imperative not to lose sight of the current crisis wherein some offices of Delhi Government have been sealed upon detection of corona positive cases in the premises and public officials are assigned duties to tackle the pandemic, Covid-19 or have been even quarantined. Clearly, in this scenario, holding structured hearings of the above cases will only delay the dissemination of the desired information and prolong pendency of 1 cases. Hence, Commission finds it expedient that all the aforesaid Second Appeals be remanded to the concerned FAA/Superintending Engineer, City-S.P.Zone, North Delhi Municipal Corporation Delhi to ensure compliance of the FAA's order/s and the PIO/City S.P. Zone is directed to submit an action taken report before the Commission by 31.12.2020, failing which appropriate legal action shall be initiated against the errant official.
Page 12 of 137. In view of the above, all the Second Appeals are disposed off with the above directions.
वाई.
वाई. के .िस हा)
Y. K. Sinha (वाई िस हा
Information Commissioner((सूचना आयु )
Authenticated true copy
(अिभ मािणतस ािपत ित)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)/011-26180514
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