Central Information Commission
Mr.Gyan Shankar Ojha vs Mcd, Gnct Delhi on 10 August, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/001203/13144Adjunct-I
Appeal No. CIC/SG/A/2011/001203
Relevant Facts emerging from the Appeal
Appellant : Mr. Gyan Shankar Ojha,
Consitutional Awareness Society
8-79, Anand Vihar, Delhi - 92
Respondent (1) : Mr. Arun Kumar
Public Information Officer & SE--I/Shah (South) Zone Municipal Corporation of Delhi Shahdara South Zone, Karkardooma, Shahadra Delhi.
(2) : Mr. S. S. Kandpal, PIO & Director (Horticulture), MCD 16th Floor, Civic Center, Minto Road, New Delhi RTI application filed on : 10/12/2010 Forwarding of RTI Application to : 22/12/2010 EE (B)-I /APIO PIO replied : 18/02/2011 First appeal filed on : 28/01/2011 First Appellate Authority order : 22/03/2011 Second Appeal received on : 02/05/2011 S.No Information sought by the appellant Reply of the PIO by EE(B)-I/APIO
1. I want to seek the information regarding the property The information is not available No. B-43, Gali No. 2 & 3, Anarkali Garnden, Jagatpuri, Delhi-51 (South Zone) situated in East Delhi that before three years, the land was Govt. Land or private land.
2. I want to seek the information whether any site plan No plan has been sanctioned has been sanctioned in respect above said Govt. park land if yes, it's file number and date of sanction because there has been 4 storey building constructed on this park land.
3. I want to seek the information about the above said The property has been sealed by the park land property that how many time it was sealed concerned deptt. and desealed by the concerned department.
4. I want to seek the information in respect of the law The action is being taken as per the and regulation of the department under which the DMC Act and BBL above said property was sealed and de-sealed.
5. I want to know that why this park land was not The matter does not pertain to building Page 1 of 4 developed by the concerned department. deptt.
6. I want to seek the information that What kind of steps Further steps will be taken as per the has been taken by the concerned department to policy of the department and DMC Act demolish the newly constructed building on the Govt. Park Land bearing No.6-43, Gali No.2 & 3, Anarkali Garden, Jagatpuri, Delhi - 110051.
Ground of the First Appeal:
No information has been provided within the prescribed time.
Order of the FAA:
The PIO is hereby directed to gather the information specifically from the Dy. Dir.(Hort.) or need be from the Land Department at his personal level, but in any case the requisite information must be provided within 30 days in explicit term.
Ground of the Second Appeal:
The information provided is unsatisfactory Relevant Facts emerging during Hearing on 28 June 2011:
The following were present Appellant: Mr. Gyan Shankar Ojha;
Respondent: Mr. J. P. Verma, EE(B) on behalf of Mr. Arun Kumar, Public Information Officer & SE--I/Shah (South) Zone;
"The Appellant has received no information after the order of the First Appellate Authority (FAA). The respondent states that the information had to be provided by PIO Land & Building and Director Horticulture. The FAA had ordered on 22/03/2011 to provide the requisite information within 30 days i.e. before 22/04/2011. The FAA had directed the PIO to gather the information from Dy.
Director Horticulture or if required from Land & Estate Department personally."
Commission's Decision dated 28 June 2011:
The Appeal was allowed.
"The Commission directs PIO Land & Estate and Director Horticulture to provide the information to the Appellant before 15 July 2011.
The issue before the Commission is of not supplying the complete, required information by the PIO/SE-I Mr. Arun Kumar, PIO Land & Estate and Director Horticulture within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIOs are 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. It appears that the deemed PIOs actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to them, and they are directed give their reasons to the Commission to show cause why penalty should not be levied on them.
PIO/SE-I Mr. Arun Kumar, PIO Land & Estate and Director Horticulture will present themselves before the Commission at the above address on 29 July 2011 at 02.30PM alongwith their written submissions showing cause why penalty should not be imposed on them as mandated under Section 20 (1). They will also bring the information sent to the appellant as per this decision and submit speed post receipt as proof of having sent the information to the appellant."Page 2 of 4
Relevant Facts emerging during Hearing on 29 July 2011:
The following were present Appellant: Mr. Gyan Shankar Ojha;
Respondent: Mr. S. S. Kandpal, Director (Horticulture), 16th Floor, Civic Center, Minto Road, new Delhi; and Mr. Jai Pal Singh, PIO & Dy. Director & PIO Shahdara South Zone; Mr. O. P. OJha, AE(B) Shahdara South Zone;
"Mr. S. S. Kandpal and Mr. Jai Pal Singh state that they received the decision of the Commission only today at about 12.09PM and hence were not able to do anything as per the order. They also state that the order of the FAA was never delivered to them. It is possible that PIO Land & Estate may also not have received this order. The Commission now has to determine the following: 1- Whether the order of the FAA on 22/03/2011 reached SE-I, Shahdara South Zone and DDH Shahdara South Zone.
2- Why the Commission's order of 28/06/2011 did not reach PIO Horticulture and perhaps PIO Land & Estate Department.
3- Provide the information to the Appellant.
Hence all the people responsible are being issued showcause as to why penalty under Section 20(1) should not be imposed on them and disciplinary action recommended under Section 20(2) of the RTI Act, who are listed as follows:
1- Mr. J. P. Verma, EE(B); 2- Mr. Deepak Hastir, Dy. Commissioner (Shahdara South Zone); 3- Dr. Alok Singh, the then PIO (Horticulture); 4- Mr. Arun Kumar, PIO & SE-I Shahdara South Zone; 5- Mr. T. P. Sharma, PIO & Assistant Commissioner, Land & Estate." Adjunct Decision dated 29 July 2011:
"The Commission directs all the above five officers to appear before the Commission on 10 August 2011 at 04.00PM to showcause why penalty under Section 20(1) should not be imposed on them."
Relevant Facts emerging during the showcause hearing on 10 August 2011:
The following were present Appellant: Mr. Gyan Shankar Ojha;
Respondent: Mr. Deepak Hastir, Dy. Commissioner (Shahdara South Zone); Mr. Arun Kumar, PIO & SE-I Shahdara South Zone; Dr. Alok Singh, the then PIO & DDH (Horticulture); Mr. T. P. Sharma, PIO & Assistant Commissioner, Land & Estate and Mr. J. P. Verma, EE(B);
The Commission is very pained to know that MCD officers do not seem to take responsibility or ownership for the job they are supposed to do. The Commission witnesses a scene where officers said that since the FAA order stated that the PIO would collect the information the officers to whom the RTI was marked stated that they were not responsible for providing it. The Commission notes with pain that this appears to show very little concerned towards their duties. However after various discussions it emerges that the plot about which the appellant is seeking information is not on the IP Register of Land & Estate Department. The discussion also appears to explore the possibility that the working of MCD could lead to a situation where some government land may be transferred to MCD and MCD may have no record of this. The Appellant has shown that in the RTI application he was informed that the property on this land was sealed by MCD.
Adjunct Decision:
The Commission directs the PIO Mr. Arun Kumar to provide a copy of the sealing order to the Appellant before 25 August 2011. Mr. Arun Kumar is also directed to conduct an inspection of the said property and send a report as to whether people are occupying the said property or not. This report will also be sent to the Appellant before 30 August 2011.Page 3 of 4
The Appellant has produced before the Commission a de-sealing order issued for the property B- 43, Gali No. 2 & 3, Anarkali Garnden, Jagatpuri, Delhi. PIO Mr. Arun Kumar states that there is no de-sealing file in the department. Thus this raising a very peculiar situation. There is doubt about whose land it is and a possibility emerges that land given to MCD may actually get transferred to private people or encroachers with MCD never knowing about it. There is evidence that the said property has been sealed but whether it has been de-sealed officially or unofficially with fake papers is also not known.
The Commission directs Additional Commissioner (IT) Mr. A. J. Kurian to inquire into this and send a report to the Commission and the Appellant before 30 August 2011.
Given the complete confusion in this matter the Commission drops the penalty proceedings but reprimands the various officers for there lack of diligence and responsibility towards their jobs. Before parting with this matter the Commission recommends to the Municipal Commissioner of MCD to access whether there is proper procedure in place to ensure that lands transferred to MCD are definitely entered in the IP Register of MCD. In case there are some gaps in the process these should be plugged.
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 10 August 2011 (In any correspondence on this decision, mention the complete decision number.) (AA) Copies to:
1- Mr. A. J. Kurian
Additional Commissioner (IT)
Municipal Corporation of Delhi
5th Floor, Dr. SPM Civic Center,
Minto Road, New Delhi
2- The Municipal Commissioner
Municipal Corporation of Delhi
04th Floor, Dr. SPM Civic Center,
New Delhi
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