Central Information Commission
Mr.Murlidhar Tiwari vs Mcd, Gnct Delhi on 25 May, 2011
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2011/000681/12511
Appeal No. CIC/SG/A/2011/000681
Relevant facts emerging from the Appeal:
Appellant : Mr. Murlidhar Tiwari
116 Shiv Shankar Purana Kapda Market
Pul Qutab Road
Sadar Bazaar , Delhi - 6
Respondent : PIO & Superintending Engineer
Municipal Corporation of Delhi Sadar Pani Ganj Road Room No -22, 1st Floor Behind Sadar Thana Idgah Road, Delhi RTI application filed on : 20.09.10 PIO replied on : 28.09.10 First Appeal filed on : 07.12.10 First Appellate Authority order of : 18.01.11 Second Appeal received on : 07.03.11 Information Sought:
For the period of 01.2010 to 17.9.2011
1. No . of complaint received pertaining to illegal construction. To also provide the address of each applicant and the Diary no, in each case.
2. No . of complaint received pertaining to illegal construction received by the office of S. P .Zone/ Cetralised Control Room. To also provide the address of each applicant and the Diary no, in each case
3. No . of complaint received pertaining to illegal construction received by the office of S. P. Zone/ Building Department. To also provide the address of each applicant and the Diary no, in each case taken
4. With regards to the aforementioned three queries, provide information of officers who carried on the enquiry and the details of such enquiry.
5. Details of any departmental enquiry carried on the matter mentioned in queries 1-3
6.
7. Photocopy of the Demolition register for the said period.
8. Photocopies of all sealing and demolition orders issued in the period.
9. If the relevant proceedings have been initiated against those who had unauthorized construction under IPC (Section 34 & 120) and departmental rules.(Rule No D/33/S.I.(B)/HQ-II/10 , dated 09.06.10,Manual of Instruction Pg.03,Point 5 &7) If not, than what are the reasons for not filing the complaint and when these complaints will be filed.
10. For those guilty of carrying on illegal construction , have proceeding sbeen initiated under Rule No. D/33/S.I.(B)/HQ-11/10) and IPC (Section 332,461)
11. If its compulsory under Section 332, 461 and 466 of the DMC Act to carry on proceeding under against such people wh have carried on unauthorized construction.In case it is compulsory , has it been followed against all those booked in this regards? In case it is not followed , have the necessary disciplinary proceeding been initiated against the employees responsible? If not, than on what date will they start.
Reply of the Public Information Officer (PIO):
1&2 Question not related to the work of the department.
3,6,7, & 8 Information will be provided on submission of necessary fees as per the Act. 4,5,10 & 11 Contact Office Administrator.
Grounds for the First Appeal:
Unsatisfactory response to Q. No 1,8,9,10 and 11 Order of the First Appellate Authority (FAA):
Because the information on queries 1, 8, 9, 10 & 11 is voluminous the applicant was asked to inspect the record and take photocopies of necessary documents on 24/01/2011 at 02.30PM.
Ground of the Second Appeal:
After the order of the FAA, MCD did not provide information with regards to Q. 10 & 11.Incomplete information was provided. Necessary fine for the delay in providing information.
Relevant Facts emerging during Hearing:
Both the parties were given an opportunity for hearing. However, neither party appeared. From a perusal of the papers it is not clear whether the appellant inspected the relevant records or not. The Appellant has stated that he was not satisfied with some information but has not clearly stated whether he undertook the inspection as directed by the First Appellate Authority (FAA).
Decision:
The Appeal is disposed.
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 25 May 2011 (In any correspondence on this decision, mention the complete decision number.)