Central Information Commission
Mayank Tanwar vs Mcd on 13 April, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/MCDND/A/2024/638864
Mayank Tanwar .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
O/o Executive Engineer (Building),
Municipal Corporation of Delhi,
Karol Bagh Zone, Nigam Bhawan,
D.B. Gupta Road, Anand Parbat,
New Delhi - 110005 .... ितवादीगण /Respondent
Date of Hearing : 23.03.2026
Date of Decision : 13.04.2026
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 09.06.2024
PIO replied on : Not on record
First appeal filed on : 16.07.2024
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 31.08.2024
Information sought:
1. The Appellant filed an RTI application dated 09.06.2024 (online) seeking the following information:CIC/MCDND/A/2024/638864 Page 1 of 6
"Unauthorized construction/premises no. WZ-41C Naraina Village, New Delhi-110028
1. Please provide details regarding the action taken by the office of EE(B) KBZ MCD u/s 343/344/3454/349/433/466A of DMC Act in respect of above unauthorized construction. Also provide clear and certified copy of all those proceedings.
2. Please provide details regarding all demolition and sealing actions taken by office of EE(B) KBZ MCD in respect of above property.
3. Please provide correct and complete information regarding the extent of regularized and/or protected construction of above property.
4. Please provide details regarding the efforts done by the office of EE(B) KBZ MCD to prevent/remove occupancy of above unauthorized construction.
5. Please provide details regarding the efforts done by the office of EE(B) KBZ MCD to prevent sale/purchase of above unauthorized construction.
6. Please provide details regarding the efforts done by the office of EE(B) KBZ MCD to prevent sanction of electricity/water connections to above unauthorized construction."
2. Not having received any response from the PIO, the Appellant filed a First Appeal dated 16.07.2024. The FAA's order is not on record.
3. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Shri Tarun Shankar Arya, Executive Engineer/PIO, appeared in person.CIC/MCDND/A/2024/638864 Page 2 of 6
4. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 31.08.2024 is not available on record. The Respondent confirmed non-service. Thus, Regulation No. 10 of the Central Information Commission Management Regulations 2007 has not been complied with by the Appellant.
5. The Appellant inter alia submitted that reply given by the Respondent, that too after issuance of the notice of the Commission, was incomplete and evasive. He stated that information sought concerns access to official enforcement records under the DMC Act and he sought only disclosure of available records. The subject property is situated directly behind the Appellant's residence and thus, he is directly affected by the activities carried out in the said property. He pleaded that repeated construction, demolition and restoration activities of the property in question have caused damage to adjoining properties and raised concerns regarding structural stability, which could affect his own property. He cited examples of the Old Rajendra Nagar (July 2024) tragedy in which civil service aspirants lost life and also the major fire incidents of March 2026 in which lives were lost.
6. The Respondent while defending their case inter alia submitted that they had filed detailed written submissions dated 19.03.2026 disclosing complete facts of the case and requested the Commission to place the same on record, copy of the same was sent to the Appellant. The relevant paras of the written submission are reproduced as under:
"1. It is submitted that the applicant, Sh. Mayank Tanwar, had filed an online RTI application dated 09.06.2024. However, since the online RTI ID of the PIO/Building Department was not functional/active at the relevant time, the said RTI application could not be accessed or replied to by this office. Subsequently, the applicant filed a First Appeal and the same also remained unattended, as no communication or order from the First Appellate Authority was received in this office in this regard.
2. It is submitted that the online ID for filing and processing RTI applications is now functional. The office of the Executive Engineer (Building), Karol Bagh Zone, is making all efforts to clear the pending matters on the online RTI portal at the earliest.
3. RTI application attached with Notice of Hearing has been taken on record.
4. Applicant Sh. Mayank Tanwar, has also visited the office of undersigned in r/o other RTI matter (ID No. 527 dated 28.07.2025 CIC/MCDND/A/2024/638864 Page 3 of 6 (related to Property No. WZ-130D, Naraina Village) but never mentioned about the pending online RTI verbally or written application.
The available records of the Building Department, Karol Bagh Zone reveal the following:
1. As per available record Property No. WZ-41C, Naraina Village, New Delhi-28 was booked for unauthorized construction vide File No. B/UC/KBZ/13/412 dated 27.09.2013. Subsequently, a sealing order was passed vide File No. S/B/KBZ/2013/142 dated 16.12.2013.
2. As per the available records, the projection/encroachment on Government land pertaining to the above-mentioned property was demolished on 13.01.2014. Further, sealing action in respect of the said property was carried out on 22.12.2014 and 25.05.2015, as per records available. 3. No such recorded information in the office of Building Department, Karol Bagh Zone to provide under RTI Act.
4. As per the records available in this office, action against unauthorized construction at Property No. WZ-41-C, Naraina Village, New Delhi-
110028 has been taken from time to time, including booking of unauthorized construction, issuance of sealing order, demolition action, and execution of sealing proceedings. However, no specific record regarding separate efforts made exclusively to prevent/remove occupancy of the said unauthorized construction is available on file.
5. As answered in question no. 4.
6. As answered in question no. 4."
7. In addition to the above, the Respondent stated that he was not aware of the facts that the Appellant was affected with the unauthorised construction of the property in question. They further assured to provide the information to the Appellant.
Decision:
8. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that the RTI Application was not responded to within the stipulated time under the RTI Act, 2005. The explanation furnished by the Respondent regarding the non- functional online RTI portal does not absolve the PIO of his statutory responsibility to ensure timely disposal of RTI applications.
CIC/MCDND/A/2024/638864 Page 4 of 69. The Commission further notes that although a reply has subsequently been provided, the same appears to be incomplete and not strictly in accordance with the queries raised by the Appellant. The information sought pertains to action taken and records maintained by the Public Authority under the DMC Act, and the same ought to have been furnished in a clear, point-wise and record-based manner. Moreover, the Respondent assured the Commission to provide the information to the Appellant.
10. Accordingly, the Commission directs the Respondent to provide a revised, point-wise and comprehensive reply to the Appellant, as per the records available, along with certified copies of relevant documents wherever applicable, within three weeks from the date of receipt of this order.
11. The Commission also takes a serious view of the delay in furnishing the reply. Therefore, Shri Tarun Shankar Arya, Executive Engineer (Bldg.)/PIO, Karol Bagh Zone, New Delhi, is cautioned to exercise due care in future and ensure that replies to RTI applications are furnished within the prescribed time limit as per the provisions of the RTI Act, 2005.
12. The FAA to ensure compliance of this order.
The appeal is disposed of accordingly.
Sd/-
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) Sd/-
(S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Superintending Engineer, Municipal Corporation of Delhi, Karol Bagh Zone, Nigam Bhawan, D.B. Gupta Road, Anand Parbat, New Delhi - 110005 CIC/MCDND/A/2024/638864 Page 5 of 6 CIC/MCDND/A/2024/638864 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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