Central Information Commission
Mr. Amrik Singh Lyallapuri vs Municipal Corporation Of Delhi on 30 March, 2009
CENTRAL INFORMATION COMMISSION
Room No. 415, 4th Floor,
Block IV, Old JNU Campus,
New Delhi -110067
Tel: + 91 11 26161796
Decision No. CIC /SG/A/2009/000016/2510
Appeal No. CIC/ SG/A/2009/000016
Relevant Facts emerging from the Appeal:
Appellant : Mr. Amrik Singh Lyallapuri,
1590, Madarsa Road,
New Delhi -110006.
Respondent : Mr. K. Viyayan
Dy. Commissioner & PIO Municipal Corporation of Delhi Rohini Zone, Rohini, New Delhi -110085.
RTI application filed on : 07/05/2007 PIO replied : 19/10/2007 First Appeal filed on : 07/11/2007 First Appellate Authority order : 01/02/2008 Second Complaint filed on : 27/12/2008
The Appellant had asked in his RTI application regarding letter no. LWD/ASL/2008 dated 31/2/2008 to MCD in respect of Unauthorized Construction in Commercial - Industrial Nature. S. No. Information Sought PIO's Reply
1. (a) In respect of complaint no. (a) Pertain to Building Deptt.
LWD/ASL/2008 dated 31/2/2008 What action has been taken regarding mass unauthorized commercial construction by Sh. B.S. Mathur, ADJ/ Appellate Tribunal MCD in plot no.4, (Khasra No.32/17) Mall Road Near MCD Water Filling Station and Plot No.14 (Khasra No.32/15 Engineering Lane, Main Bawana Road, Opp. Near Delhi College of Engineering, Sector No.17, Rohini.
(b) And also unauthorised construction of third floor in property (b) No U/C is going on in flat No.AD-68C, Pitam Pura, Delhi-34. No.AD-68C, Pitampura at present.
After record no any Booking of this property against unauthorized Construction is on record.
2. Copies of complaint inquiry held and Regarding Flat No. AD-68C, the notings of the various officers Pitampura as no U/C is going on and taken thereon, names of the officials as per record no booking of U/S. No who conducted the enquiry with demolition action was ever taken. their reports, demolition action taken Rest is not related to Building Deptt. of any, what is the expenses incurred for the same, whether any notice of recovery of such expenses was served and proceedings initiated for same. If no demolition action has been taken, to disclose the reason and also disclose what kind of activities are going on in the said properties as I have come to know that the /farm house and Venkethall and Industries are being run therein without any Municipal License as well without the permission of Delhi Fire /service etc. The First Appellate Authority ordered:
"It is noticed that incomplete information has been supplied and that too after the expiry of the time list. Responsibility for delay in supply of incomplete reply be fixed and intimate for taking appropriate action against the defaulting officials. Complete information should be supplied within next three days failing which action will have to be taken against the PIO".
Relevant Facts emerging during Hearing:
The following were present Appellant : Mr. Amrik Singh Lyallapuri Respondent : Mr. R.K. Ailawadi SC Rohini II Mr. A.K. Mittal SC Rohini I Information has been given for one property but not on other two properties. PIOs are directed to give information about the three properties as of now.
Decision:
The appeal is allowed.
The information will be given to the appellant before 15 April 2009.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties.
Shailesh Gandhi Information Commissioner 30th March 2009 (In any correspondence on this decision, mentioned the complete decision number.) (AK)