Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Central Information Commission

Banwari Lal vs Mcd on 21 October, 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/2024/112786

Banwari Lal                                      .....अपीलकता/Appellant


                                        VERSUS
                                         बनाम


PIO,
Assessment & Collection Department,
Municipal Corporation of Delhi, City SP
Zone, 2nd Floor, Nigam Bhawan,
Old Hindu College Building, Kashmere
Gate, Delhi - 110006                             .... ितवादीगण /Respondent

Date of Hearing                     :    08.10.2025
Date of Decision                    :    17.10.2025

INFORMATION COMMISSIONER :               Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on            :    15.12.2023
CPIO replied on                     :    15.01.2024
First appeal filed on               :    09.02.2024
First Appellate Authority's order   :    06.03.2024
2nd Appeal/Complaint dated          :    25.04.2024

Information sought

:

1. The Appellant filed an (offline) RTI application dated 15.12.2023 seeking the following information:
"(i) Kindly provide the information, as to who is the registered owner of the Property bearing No. 1/777, Nicholson Road, Kashmere Gate, Delhi-

110006 Page 1 of 4

(ii) Kindly provide the information about the sanctioned building plan, in respect of the Property bearing No. 1/777, Nicholson Road, Kashmere Gate, Delhi-110006

(iii) Kindly inform how much charges/fees has been levied unto the owner of the Property bearing No. 1/777, Nicholson Road, Kashmere Gate, Delhi-110006, for approval of building plan, over the said property

(iv) Kindly inform as to whether the owner of the Property bearing No. 1/777, Nicholson Road; Kashmere Gate, Delhi-110006 has been permitted to raise four storeyed construction over the said property.

(v) Whether the permission to raise 4 storeyed construction over the Property bearing No. 1/777, Nicholson Road, Kashmere Gate, Delhi- 110006; has been granted to the owner of the said property, in accordance with DMC Act, Building Bye Laws, Rules & Regulations as well as Master Plan of Delhi.

(vi) Kindly provide the copy of approved plan, in respect of the above said property"

2. The PIO/Executive Engineer(B)-II, City Sadar Pahar Ganj Zone furnished a reply to the Appellant on 15.01.2024 stating as under:
"1. The sought information pertains to House Tax Department so it may be sent to PIO/House Tax Department/CSPZ.
2. The details of sanction building plan is available on mcd website i.e. www.mconline.nic.in.
3. The details of sanction building plan is available on mcd website i.e. www.mconline.nic.in.
4. The details of sanction building plan is available on mcd website i.e. www.mconline.nic.in.
5. The details of sanction building plan is available i.e. www.mconline.nic.in. on med website
6. The details of sanction building plan is available i.e. www.mconline.nic.in."

3. Being dissatisfied, the appellant filed a First Appeal dated 09.02.2024. The FAA vide its order dated 06.03.2024, held as under.

"The case was heard on 06.03.2024. PIO informed that the pointwise reply has already been sent to the appellant vide No. D/EE(B)- II/CSPZ/2024/1942 dated 15.01.2024 as per the available record. As per the discussion held during the hearing, it seems that the pointwise reply has already been furnished by the PIO. The present appeal stands disposed off."
Page 2 of 4

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-
Appellant: Present along with Shri Bharat Veera Rana, Advocate. Respondent: Ms. Kiran, Assistant Assessor and Collector/PIO and Shri Sundeep- participated in the hearing.

5. Proof of having served a copy of Second Appeal/ Complaint on respondent while filing the same in CIC on 25.04.2024 is not available on record.

6. The Appellant inter alia submitted that the relevant information has not been furnished by the PIO, submitted that Executive Engineer(B)-II, City Sadar Pahar Ganj Zone. He further stated that the PIO in reply dated 15.01.2024 has only stated that the details of sanction building plan is available online, but relevant link has not been provided by the PIO.

7. Ms. Kiran, Assistant Assessor and Collector stated that the information sought at point No. 1 relates to their division and same has been duly replied vide letter dated 06.02.2024. As regards point No. 2 to 6, the same pertains to the building division. She placed on record her written submission dated 08.10.2025 during course of proceedings.

Decision:

8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the information sought at point no. 2 to 6 pertains to Building Division. Accordingly, PIO/ Executive Engineer(B)-II, City Sadar Pahar Ganj Zone is directed to provide a clear and specific response to point No. 2 to 6 i.e. furnish the exact URL along with complete path leading up to the information sought. If the information is not available in public domain, then the PIO is directed to supply a certified true copy of the information sought. The above reply shall be provided to the Appellant within four weeks from the date of receipt of this order.

Page 3 of 4

9. FAA to ensure compliance of the direction.

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 Municipal Corporation of Delhi, O/o the supdt Engineer (City-S. P. Zone0 2nd floor, Nigam Bhawan, Old Hindu collge Kashmere Gate, Delhi-110006 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)