Central Information Commission
Parminder Singh vs Mcd on 16 September, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MCDND/A/2024/133497
Parminder Singh .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Executive Engineer (Building)-II,
Municipal Corporation of Delhi, West
Zone, Second Floor, Dr. Sahib
Singh Verma Nigam Bhawan,
Rajouri Garden, New Delhi - 110027 .... ितवादीगण /Respondent
Date of Hearing : 08.09.2025
Date of Decision : 16.09.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 12.07.2024
CPIO replied on : 02.09.2024
First appeal filed on : 20.08.2024
First Appellate Authority's order : Not on record
Compliance of FAA order : Not on record
2nd Appeal/Complaint dated : 14.10.2024
Information sought:
1. The Appellant filed an RTI application dated 12.07.2024 (offline) seeking the following information:
"1. Whether Arya Hospital, C-1/101, Pankha Road Janakpuri New Delhi- 1.10058.Page 1 of 7
(A) Kindly provide the information that the property as mentioned above is regularized from M.C.D., please provide certify copy of regularization certificate.
(B) Kindly provice the information regarding plot area(gaj/meter) of the property as mentioned above.
(C) Kindly provice the information that for how many floors the sanction was given by MCD building department.
(D) Kindly provide the information of the area(gaj/meter) of the building for which the sanction plan was approved by your respective department.
(E) Kindly provide the information that the said property is constructed according to sanction site plan with prior approval from MCD, please provide the certify copy of the sanction site plan/ file no.
(F) Kindly provide the information about the permissible height of construction of property, as per the MCD building by-laws.
(G) Kindly provide the information about the permissible height of the basement of property, as per the MCD building by-laws.
(H) Kindly provide the information that the above-mentioned property is still as the approved sanction plan or owner makes any changes in property.
(I) Kindly provide the information that the above-mentioned property is ever booked by MCD or has any pending complaint against the above-
mentioned property.
(J) Kindly provide the information regarding the completion certificate of the above-mention property. Kindly provide the certify copy of completion certificate"
2. The CPIO furnished a point-wise reply to the Appellant on 02.09.2024 stating as under:
"An application has been received in this office under R.T.I. Act, 2005 vide which Sh. Parminder Singh********Garden, New Delhi-110018 has sought some information regarding property No. C-1/101, Pankha Road, Page 2 of 7 Jnak Puri (Arya Hospital), New Delhi. The point wise reply of the same is as under:-
1. Query is unspecific.
(A) Regularization certificate of any property is private documents of the owner and hence cannot to provide to any third party.
(B) As above in (A).
(C) As above in (A) (D)It is to inform you that now a days, the building plans in the Municipal jurisdiction are being sanctioned through online system for which file in hard copy is not accepted and not maintained.
(E) As above in (C).
(F) As above in (C).
(G)As above in (C).
(H)For relevant clarifications, applicant may refer to the Unified Building Bye Laws-2016/Master Plan of Delhi-2021 which are public documents and can be viewed on public domain: www.mcdonline.nic.in (Link online services -Ease of Doing Business) (I) As above in (A).
(J) Building Plan/Completion Certificate of any property is private documents of the owner and hence cannot to provide to any third party."
3. Being dissatisfied, the Appellant filed a First Appeal dated 20.08.2024. The FAA order is not on record.
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not present.Page 3 of 7
Respondent: Shri Abhaya Chaturvedi, AE/APIO, EE (B-II), WZ, MCD, Delhi present in person.
5. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 14.10.2024 is not available on record.
6. The Respondent submitted that point-wise reply along with permissible information has already been provided to the Appellant. However, copy of sanction building plans, completion certificate, regularization certificate is a private document of the third-party owners which cannot be provided under the RTI Act. In this regard, the Commission remarked that after incident of Old Rajinder Nagar, Delhi, the MCD itself issued orders dated 29.07.2024 and again on 04.08.2025 for disclosure of building plans, etc. in public domain and the Respondent does not have an alibi available. To which, the Respondent pleaded lack of knowledge.
Decision:
7. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, observes that the Appellant is aggrieved that only partial information has been furnished and the rest has been wrongly denied which pertained to unauthorizedly constructed property. In his Second Appeal, the Appellant has mentioned that the information sought by him is in larger public interest and he is entitled to obtain the same under the RTI Act.
8. The Commission observes that the PIO instead of providing complete information to the Appellant has furnished vague reply which is not in the spirit of the RTI Act and hence, liable to be set aside. It seems that the PIO is knowingly obstructing the information under the RTI Act, despite a larger public interest being apparent. The Respondent is directed to be cautious in future and ensure that the information which is in larger public interest should be provided to the applicants in true spirit of the RTI Act. It is also noted with concern that the officer appearing for Respondents is not updated about organization's own orders dated 29.07.2024 and 04.08.2025 regarding upfront disclosure.
Page 4 of 79. 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. 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.Page 5 of 7
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."
10. 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 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. "Page 6 of 7
All concerned are directed to follow the above strictly and non-compliance of the above directions will be liable for action.
11. In light of the above facts and circumstances, the Respondent is directed to re-examine the contents of RTI Application and give revised point-wise information to the Appellant as per the provisions of the RTI Act. If any of the information sought pertains to some other department/division of the Public Authority, then, the Respondent is directed to take assistance under Section 5(4) of the RTI Act from the concerned PIO and provide information to the Appellant, free of cost, within a period of four weeks from the date of receipt of this order.
12. The FAA is directed to ensure compliance of this order.
The appeal is 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 Copy To:
The FAA Superintending Engineer, Municipal Corporation of Delhi, West Zone, Second Floor, Dr. Sahib Singh Verma Nigam Bhawan, Rajouri Garden, New Delhi - 110027 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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