Central Information Commission
Raj Kapur Yadav vs Mcd on 9 December, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: Four cases
(1) CIC/MCDND/A/2024/119593
(2) CIC/MCDND/A/2024/119594
(3) CIC/MCDND/A/2024/119596
(4) CIC/MCDND/A/2024/119597
Raj Kapur Yadav .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Executive Engineer-(Build-I)/SZ,
Municipal Corporation of Delhi,
Building-I Dept., South Zone,
Green Park, New Delhi-110016 ..... ितवादीगण /Respondent
Date of Hearing : 08.12.2025
Date of Decision : 08.12.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
The above-mentioned second appeals are clubbed together as the Appellant
is common, subject-matter is similar in nature and hence are being disposed
of through a common order.
(1) CIC/MCDND/A/2024/119593
Relevant facts emerging from appeal:
RTI application filed on : 06.02.2024
CPIO replied on : 06.03.2024
First appeal filed on : 27.03.2024
CIC/MCDND/A/2024/119593
CIC/MCDND/A/2024/119594
CIC/MCDND/A/2024/119596
CIC/MCDND/A/2024/119597 Page 1 of 10
First Appellate Authority's order : 24.04.2024
2nd Appeal/Complaint dated : 20.06.2024
Information sought:
1. The Appellant filed an (offline) RTI application dated 06.02.2024 seeking the following information:
"Subject:- R.T.I under the right of information Act.2005. Constructions of illegal TWO BEDROOM + D/D + KITCHEN + ATACH TWO BATHROOM by the owner of House No E-3/11 Malviya Nagar New Delhi-110017. On the parking floor.
Dear Sir,
1. Regarding above mention subject please give me information. As per sanction plan of House No E-3/11 Malviya Nagar New Delhi-110017. It's legal or illegal.
2. Is it violating the building by laws of M.C.D (House No E-3/11 Malviya Nagar New Delhi-110017)."
2. The PIO furnished a reply to the Appellant on 06.03.2024 stating as under:
"...1. Building plan found sanctioned vide file No. 200/OBP/B-I/SZ/2015 dated 27.01.2015 for the property address mentioned in the RTI application.
2. As replied above."
3. Being dissatisfied, the Appellant filed a First Appeal dated 27.03.2024. The FAA vide its order dated 24.04.2024; held as under.
"It is submitted by the PIO that the information/reply has already been provided to the applicant vide No. EE (B)-I/SZ/RTI-05/2024/477 dated 06.03.2024. The information/reply provided by the PIO examined in the context of the RTI application dated 06.02.2024 which needs to be revised. Therefore EE (B)-I/SZ, PIO is directed to provide the requisite information as asked by the applicant within 10 days under the provision of RTI Act 2005."
(2) CIC/MCDND/A/2024/119594 Relevant facts emerging from appeal:
RTI application filed on : 06.02.2024 CIC/MCDND/A/2024/119593 CIC/MCDND/A/2024/119594 CIC/MCDND/A/2024/119596 CIC/MCDND/A/2024/119597 Page 2 of 10 CPIO replied on : 06.03.2024 First appeal filed on : 27.03.2024 First Appellate Authority's order : 24.04.2024 2nd Appeal/Complaint dated : 20.06.2024 Information sought:
4. The Appellant filed an (offline) RTI application dated 06.02.2024 seeking the following information:
"Subject:- R.T.I under the right of information Act. 2005. Constructions of illegal 4th floor by the owner/builder of House No B-1/54 Malviya Nagar New Delhi-110017.
Dear Sir,
1. Regarding above mention subject please give the information. As per sanction plain of House No B-1/54 Malviya Nagar New Delhi-110017. Its legal or illegal.
2. it is violating the building by laws of M.C.D (House No B-1/54 Malviya Nagar New Delhi-110017)."
5. The PIO furnished a reply to the Appellant on 06.03.2024 stating as under:
"...1. Building plan found sanctioned vide file No. 46/OBP/B-I/SZ/2015 dated 15.06.2015 for the property address mentioned in the RTI application."
6. Being dissatisfied, the Appellant filed a First Appeal dated 27.03.2024. The FAA vide its order dated 24.04.2024; held as under.
"It is submitted by the PIO that the information/reply has already been provided to the applicant vide No. EE (B)-I/SZ/RTI-05/2024/477 dated 06.03.2024. The information/reply provided by the PIO examined in the context of the RTI application dated 06.02.2024 which needs to be revised. Therefore EE (B)-I/SZ, PIO is directed to provide the requisite information as asked by the applicant within 10 days under the provision of RTI Act 2005..."
(3) CIC/MCDND/A/2024/119596 Relevant facts emerging from appeal:
RTI application filed on : 09.02.2024
CPIO replied on : 06.03.2024
CIC/MCDND/A/2024/119593
CIC/MCDND/A/2024/119594
CIC/MCDND/A/2024/119596
CIC/MCDND/A/2024/119597 Page 3 of 10
First appeal filed on : 27.03.2024
First Appellate Authority's order : 24.04.2024
2nd Appeal/Complaint dated : 20.06.2024
Information sought:
7. The Appellant filed an (offline) RTI application dated 09.02.2024 seeking the following information:
"मालवीय नगर नई द ल 110017 के मकान न० B-1/54 म जो भवन का नमाण हुआ ह। या वह द ल नगर नगम के भवन वभाग !वारा "वीकृत न%शे के अनस ु ार ह या नह ं।
कृपया सच ू ना दे ने क- कृपा करे ।"
8. The PIO furnished a reply to the Appellant on 06.03.2024 stating as under:
"Encl. is as under:
1. Building plan found sanctioned vide file No. 46/OBP/B-I/SZ/2015 dated 15.06.2015 for the property address mentioned in the RTI application.
2. As replied above."
9. Being dissatisfied, the Appellant filed a First Appeal dated 27.03.2024. The FAA vide its order dated 24.04.2024; held as under.
"It is submitted by the PIO that the information/reply has already been provided to the applicant vide No. EE (B)-I/SZ/RTI-05/2024/477 dated 06.03.2024. The information/reply provided by the PIO examined in the context of the RTI application dated 06.02.2024 which needs to be revised. Therefore EE (B)-I/SZ, PIO is directed to provide the requisite information as asked by the applicant within 10 days under the provision of RTI Act 2005..."
(4) CIC/MCDND/A/2024/119597 Relevant facts emerging from appeal:
RTI application filed on : 09.02.2024
CPIO replied on : 06.03.2024
First appeal filed on : 27.03.2024
First Appellate Authority's order : 24.04.2024
CIC/MCDND/A/2024/119593
CIC/MCDND/A/2024/119594
CIC/MCDND/A/2024/119596
CIC/MCDND/A/2024/119597 Page 4 of 10
2nd Appeal/Complaint dated : 20.06.2024
Information sought:
10. The Appellant filed an (offline) RTI application dated 09.02.2024 seeking the following information:
"मालवीय नगर नई द ल 110017 के मकान न० E-3/11 म जो भवन का नमाण हुआ ह। या वह द ल नगर नगम के भवन वभाग !वारा "वीकृत न%शे के अनस ु ार ह या नह ं।
या मकान न० E-3/11 के पा3क4ग 5लोर पर जो कमरे , बाथ8म, रसोईघर का नमाण हुआ ह वह द ल नगर नगम के !वारा "वीकृत न%शे के सनस ु ार वैध ह या अवैध । "
11. The PIO furnished a reply to the Appellant on 06.03.2024 stating as under:
"...1. Building plan found sanctioned vide file No. 200/OBP/B-I/SZ/2015 dated 27.01.2015 for the property address mentioned in the RTI application.."
12. Being dissatisfied, the Appellant filed a First Appeal dated 27.03.2024. The FAA vide its order dated 24.04.2024; held as under.
"It is submitted by the PIO that the information/reply has already been provided to the applicant vide No. EE (B)-I/SZ/RTI-05/2024/477 dated 06.03.2024. The information/reply provided by the PIO examined in the context of the RTI application dated 06.02.2024 which needs to be revised. Therefore EE (B)-I/SZ, PIO is directed to provide the requisite information as asked by the applicant within 10 days under the provision of RTI Act 2005..."
13. Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, Appellant approached the Commission with the instant Second Appeals.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Shri Swet Mani, ASO/APIO present in person.
CIC/MCDND/A/2024/119593 CIC/MCDND/A/2024/119594 CIC/MCDND/A/2024/119596 CIC/MCDND/A/2024/119597 Page 5 of 10
14. Proof of having served a copy of Second Appeals on Respondent while filing the same in CIC is not available on record.
15. Appellant remained absent during hearing despite prior intimation.
16. On being queried by the Commission regarding compliance of FAA's order, the Respondent replied that a revised reply in each case has been provided to the Appellant vide letter dated 08.05.2024. Contents of the same are reproduced below for ready reference:
In case File No. CIC/MCDND/A/2024/119593.
"...Building plan found sanctioned vide file No. 200/OBP/B-I/SZ/2015 dated 27.01.2015 for the property no. E-3/11, Malviya Nagar, New Delhi- 110017. Further, no action under section 343/344 and 346 of DMC Act, 1957 found initiated since the date of sanction."
In case File No. CIC/MCDND/A/2024/119594.
"...Building plan found sanctioned vide file No. 46/OBP/B-I/SZ/2015 dated 15.06.2015 for the property no. B-1/54 Malviya Nagar New Delhi- 110017. Further, no action under section 343/344 and 346 of DMC Act, 1957 found initiated since the date of sanction."
In case File No. CIC/MCDND/A/2024/119596 "...Building plan found sanctioned vide file No. 46/OBP/B-I/SZ/2015 dated 15.06.2015 for the property no. B-1/54 Malviya Nagar New Delhi- 110017. Further, no action under section 343/344 and 346 of DMC Act, 1957 found initiated since the date of sanction."
In case File No. CIC/MCDND/A/2024/119597 "...Building plan found sanctioned vide file No. 200/OBP/B-I/SZ/2015 dated 27.01.2015 for the property no. E-3/11, Malviya Nagar, New Delhi- 110017. Further, no action under section 343/344 and 346 of DMC Act, 1957 found initiated since the date of sanction." Decision:
17. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, observes that main premise of instant Appeals was non-compliance of FAA's order. In response to CIC/MCDND/A/2024/119593 CIC/MCDND/A/2024/119594 CIC/MCDND/A/2024/119596 CIC/MCDND/A/2024/119597 Page 6 of 10 which, the Respondent claimed that FAA's order has already been complied in each of these cases and a revised reply has been provided to the Appellant vide letter dated 08.05.2024.
18. The Commission after scrutinizing the contents of RTI applications noted that the queries raised by the Appellant in these matters are seeking clarifications which do not strictly conform to Section 2(f) of the RTI Act. Despite this, the PIO have furnished appropriate replies to the Appellant earlier and also in compliance of FAA's order vide letter dated 08.05.2024.
19. Notwithstanding the aforesaid, the Commission previously dealt with cases where copies of building plans were sought by the applicants and after the incident happened in Old Rajendra Nagar, New Delhi, a circular was issued by Additional Commissioner (Engg.), MCD, dated 29.07.2024, in which several directions were issued in public interest wherein, building plans are to be disclosed in public domain so that violations can be detected. The relevant extract of the circular dated 29.07.2024 is reproduced herein:
"SUB:- Urgent measures to prevent misuse of basement and other related matters.
As you are well aware a tragic incident occurred in the basement of a coaching institute for IAS aspirants located at Old Rajender Nagar on Saturday, the 27th of July 2024 which resulted into loss of life of three students due to flashflood caused because of choked sewer line / storm water drainage system. Needless to say that it is the primary responsibility of MCD to provide a safe and liveable city to the Public and all out efforts who prevent such unfortunate incidents cannot / will not be allowed to reoccur.
In this regard, a delegation of students met the Commissioner on Sunday, the 28th of July 2024 and expressed their concerns on this issue. It was explained to them by the Commissioner that MCD will take all necessary steps urgently so as to prevent such a mishap in future. The following directions are accordingly conveyed for immediate action and compliance;- The building having basement be got surveyed and immediate action including sealing be taken against those who are found misusing the same. There should be separate entry and exit gates for basement. All building plans shall be made available in public domain, so that the violators can be detected. All encroachments above drains / footpaths shall be removed.
CIC/MCDND/A/2024/119593 CIC/MCDND/A/2024/119594 CIC/MCDND/A/2024/119596 CIC/MCDND/A/2024/119597 Page 7 of 10 The storm water drains shall be fully desilted and choking at any point shall be got cleared with the help of super-sucker machines. In case fresh drain is required at any place, immediate proposal for the same be put up. The portable pumps along with operators shall be kept ready for dewatering of vulnerable points of water logging (which have already been identified). The open hanging wires / cables shall be got surveyed and immediate necessary action be taken in close coordination with NDPL/BSES. The private concessionaire shall be sensitized to ensure quick removal of the garbage as there is putrefaction of the same during rainy season resulting into foul smell.
In some of the zones, there are old barrels catering to combined drainage i.e. sewer and storm water. These barrels should be got surveyed to avoid any untoward incident on account of settlement. The urinal/toilets which are in poor condition shall be immediately improved. The above directions be scrupulously adhered to and strict disciplinary action will be taken against the delinquent officials."
20. Subsequent to the above, a new circular was issued by the Additional Commissioner (Engg.) bearing No. Addl. Comm. (Engg.)MCD/2025D-298 dated 04.08.2025. Relevant extracts of which are reproduced below:-
" In compliance of directions of the Hon'ble High Court of Delhi in WPO No. 6140/2025 CM APPL. 27953/2025, CM APPL. 27953/2025 & CM APPL. 27954/2025 titled 'Mehnaz Parveen Versus MCD & Ors.', meetings were held at senior level of MCD and Police authorities. The Minutes of the meeting have been issued vide No.CE/B/HQ/ MCD/2025/D-24 dated 22/07/2025 (Copy enclosed). The operative part of the said minutes of meeting is reproduced as under:-
"In order to ensure effective demolition, the MCD has issued directions vide Circular Office Order No. CE(B)HQ/2024/D-60 dated 30.08.20224 to completely raze/remove unauthorised construction. Sealing is only a temporary measure. It should be quickly followed by effective demolition action and the instructions have been issued by MCD with regard to sealing too vide Office Order No. CE (B)HQ/2024/D-67 dated 20.09.2024.
It was decided in the meeting that time and date stamped photographs of booking/sealing/demolition will be kept in record for reference and wherever seals are tampered with FIR shall be lodged.MCD should also effect recovery of charges CIC/MCDND/A/2024/119593 CIC/MCDND/A/2024/119594 CIC/MCDND/A/2024/119596 CIC/MCDND/A/2024/119597 Page 8 of 10 for demolition under Section 153, 154, 455 to be read with 343(6) of the DMC Act, 1957 read with Order No.D/1418/ COM/MCD/2023 dated 29.12.2023...."
2. Besides the above, directions issued by the Addl. Commissioner (Engg.) vide circular No. Addl. Cm. (Engg.)/B(HQ)/2025/236 dated 04.06.2025 regarding e- office in respect of Unauthorised Construction related files (Copy enclosed), the operative part of the same is reproduced as under:-
"(i) All Zonal Executive Engineers (Building) are directed that henceforth booking of demolition, sealing, prosecution, disconnection of electricity various aspect of action against unauthorised construction namely /water, letter to sub-registrar for not registering the property, letter to SHO for stoppage of work, etc. be maintained in e-office application (e-file system) of NIC rather than physical files.
(ii) Further, details of booking/sealing/demolition be also lodged in the Data Base of booked properties, that has been put in public domain. "
All concerned are directed to follow the above strictly and non-compliance of the above directions will be liable for action.
21. In light of the above facts and circumstances, the Respondent is directed to provide a certified true copy of the sanctioned building of the building/ house Nos. under reference, as per the provisions of the RTI Act. If the said information is available in public domain, then specific URL with complete path of the same be informed to the Appellant, free of cost, in the form of revised replies in each of these cases. These directions should be complied by the Respondent within four weeks from the date of receipt of this order.
22. The FAA is directed to ensure compliance of this order.
The appeals are disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date CIC/MCDND/A/2024/119593 CIC/MCDND/A/2024/119594 CIC/MCDND/A/2024/119596 CIC/MCDND/A/2024/119597 Page 9 of 10 Copy To:
The FAA, Superintending Engineer - I, Municipal Corporation of Delhi, South Zone, Green Park, New Delhi - 110016 CIC/MCDND/A/2024/119593 CIC/MCDND/A/2024/119594 CIC/MCDND/A/2024/119596 CIC/MCDND/A/2024/119597 Page 10 of 10 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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