Central Information Commission
Daljeet Singh vs Office Of The Additional Distt. ... on 30 September, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/ADDDM/A/2017/153020
CIC/SDMCW/A/2018/103919
CIC/SDMCQ/A/2017/137131
CIC/DEPOL/A/2017/178720
CIC/SDMCE/A/2017/117917
CIC/SDMCW/A/2017/147567
CIC/SDMCW/A/2017/137661
Date of Hearing : 10.09.2018
Date of Decision : 10.09.2018
Appellant/Complainant : Shri Daljeet Singh
Respondent : PIO/Sub-Divisional Magistrate-
(Rajouri Garden), (Govt. of NCT of
Delhi)
2. PIO/E.E.-(M-I)/West Zone,
SDMC
3.PIO/Asstt. Director of
Vigilance/HQ., SDMC, Vigilance
Department
4.PIO/Addl. Dy. Commissioner of
Police, West District.
5.PIO/EE-(Bldg-I)/West Zone,
SDMC
6. PIO/Dy. Health Officer-WZ,
SDMC
Information Commissioner : Shri Yashovardhan Azad
Since both the parties are same, the above mentioned appeals and
complaints are clubbed together for hearing and disposal.
Case No. Filed on CPIO reply First appeal FAO
153020 01.03.2017 10.04.2017 09.05.2017 14.07.2017
103919 13.09.2017 04.01.2018 24.10.2017 - -
137131 28.02.2017 10.03.2017 03.04.2017 18.01.2017
178720 27.02.2017 23.03.2017 30.03.2017 02.05.2017
117917 18.10.2016 01.12.2016 13.12.2016 18.01.2017
147567 27.02.2017 30.03.2017 14.04.2017 07.06.2017
137661 18.10.2016 01.02.2017 25.02.2017 - -
ORDER
1. The present batch of seven appeals emanate from different RTI applications filed with various public authorities. However, the underlying grievance of the appellant is common and hence, it would be profitable to club them all for purpose of effective adjudication.
2. The appellant is aggrieved with the acts and omissions of his neighbour residing above his house. The appellant alleges that an illegal extended balcony has been installed by his neighbour where washing activity is done. As a result, there are problems of seepage of water and tempering of rainwater drain through which, the waste water from the household is being illegally drained out by his neighbour. Due to these acts, the appellant complains that the drain water pipes are clogged leading to poor state of hygiene. Stating to be aggrieved with the indifference of his neighbour, the appellant represented before civil authorities as well as Delhi Police. Through the present RTI applications, the appellant sought multifaceted information primarily seeking the status of action taken by respective authorities.
3. All the parties are present and heard at great length. The appellant submits to have exhausted all possible channels of redressal of his grievance unsuccessfully. Respondents from Building department, Public health, DHO MCD are present. Delhi Police is also present.
4. The respondents claim that the complaints of appellant were acted upon and the premises in question was inspected. They submit that the neighbour of appellant residing on the floor above the flat of appellant had installed a sink in the balcony area and the waste water drain is connected with rain water drain which is the main cause of grievance of appellant. A challan has already been issued to the violator.
5. The Commission finds that the grievance of appellant is more due to non- cooperation of his neighbour rather than denial of information sought under the RTI Act. The respondents MCD and health department undertook to inspect the premises in question and counsel the parties to bring about an amicable settlement. Needless to say, if no settlement is reached, suitable action as per law shall be taken by the respondent authorities and the impermissible deviations shall be strictly dealt with as per the provisions of DMC Act. Assistance of Delhi Police shall be availed if required.
6. Let a compliance report with necessary photographs etc. shall be filed by respondent building/ maintenance department of MCD within 04 weeks of receipt of this order. A copy of the same shall be furnished to the appellant as well. Should the appellant remain aggrieved, he is at liberty to avail remedy in accordance with law. The captioned appeals are disposed of.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P. Grover) Designated Officer