Central Information Commission
Manish Kumar vs East Delhi Municipal Corporation ... on 17 August, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली,
ली New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/EMCDN/A/2018/168094
Shri Manish Kumar ... अपीलकता /Appellant
VERSUS/बनाम
PIO/EDMC, EE (B)-II, Shah (N), ... ितवादीगण /Respondent
Shahdara, Delhi
Through: Shri Rakesh Sharma,
UDC and Rep. of PIO present through
audio conference
Date of Hearing : 14.08.2020
Date of Decision : 17.08.2020
Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
RTI application filed on : 14.05.2018
PIO replied on : Date not mentioned
First Appeal filed on : 18.06.2018
First Appellate Order on : 21.08.2018
2ndAppeal/complaint received on : 19.11.2018
Information soughtand background of the case:
The Appellant filed an RTI application dated 14.05.2018 seeking information on the following 4 points:
1. What action has been taken on complaint against unauthorized construction at property no. 446, Main Road, Maujpur, Nanak Gali?
2. Provide the name and contact number of the officer to whom the above said complaint was assigned for taking action.
3. Provide certified copy of map and documents relating to the unauthorized construction at the aforementioned property.
4. What is the commercial part of property no. 446, Guru Nanak Gali and conversion charge upto which period has been paid for the said part, provide certified copy of the relevant document along with details of the First Appellate Authority.
PIO/Junior Engineer (B), vide letter dated NIL furnished a point-wise reply to the Appellant.
Dissatisfied with the reply received from the PIO, Appellant filed a First Appeal dated 18.06.2018. FAA vide order dated 21.08.2018 stated as follows Page 1 of 3 "...
1. Information may be given whether any action has been taken or not on the complaint of appellant. Undersigned is of the viewed that action should be taken each and every complaints of unauthorized construction.
2. PIO is directed to mention the name off JE and AE to whom this complaint was forwarded.
3. PIO is directed information may be collected from the office of AE conversion to ascertain whether any conversion charges, parking fees has been deposited or not. PIO is also EE(B) if conversion charges has not been deposited by the owner action must be initiated."
Feeling aggrieved as dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission has been received from Shri Jaideep Banerjee, O.I.(Bldg), Sh.(N) vide letter dated 10.08.2020 wherein he has stated as under:
"...
4. That the appellant was preferred an appeal before FAA on dated 18.06.2018 regarding non receipt of information from the PIO/EE(B). The FAA vide order dated 21.08.2018 communicated vide letter No. SE-II/Sh.N/RTI/2018-19/D-299 announced his decision.
5. With reference to above direction of FAA the modified information was provided to Sh. Manish Kumar vide letter No. EE(B)-II/Sh.N/2018/D-1362 dated 28.09.2018 by the then PIO, Building Department, Sh.(N) Zone."
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, audio hearings were scheduled after giving prior notice to both the parties.
The Appellant participated in the hearing on being contacted on his telephone. He stated that he is not in receipt of the compliance letter dated 28.09.2018 till date.
Respondent is represented by Shri Rakesh Kumar Sharma, UDC representing the PIO through audio conference. He reiterated the contents of the written submission dated 10.08.2020.
Commission directed the Respondent to send a copy of proof of delivery of the letter dated 28.09.2018 to the Registry's email address.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during hearing, Commission observes that the reply letter dated 28.09.2018 has not been received by the Appellant.
In view of the above, Commission directs the PIO to re-send the letter dated 28.09.2018 through Speed Post. A copy of the compliance report shall be sent to the Commission by the PIO by 31.08.2020, failing which action will be initiated as per the provisions of the RTI Act.Page 2 of 3
With the aforesaid observations and directions, the instant Second Appeal is disposed off.
वाई.
वाई. के . िस हा)
Y. K. Sinha (वाई िस हा
Information Commissioner (सूचना आयु )
Authenticated true copy
(अ भ मा णतस या पत त)
Ram Parkash Grover (राम काश ोवर)
Dy. Registrar (उप-पंजीयक)
011-26180514
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