Central Information Commission
Mr. Anil Datt Sharma vs Mcd, Gnct Delhi on 23 May, 2012
CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/A/2012/001014, 001025, 001027, 001030, 001032, 001037, 001038, 001039,
001041, 001042, 001043, 001044, 001045, 001046, 001047, 001048, 001049, 001052, 001053, 001054,
001055, 001057, 001158, 001059, 001062, 001063, 001065, 001082, 001089/19068
Appeal No. CIC/SG/A/2012/001014, 001025, 001027, 001030, 001032, 001037, 001038, 001039, 001041,
001042, 001043, 001044, 001045, 001046, 001047, 001048, 001049, 001052, 001053, 001054, 001055,
001057, 001158, 001059, 001062, 001063, 001065, 001082, 001089
Relevant Facts emerging from the Appeal
Appellant : Mr. Anil Dutt Sharma,
D-129 New Seelampur,
Delhi-110053
Respondent : Mr. A. K. Mittal
PIO & SE-I Municipal Corporation of Delhi Shahdara North zone, Welcome, Keshav Chowk, Shahdara, Delhi.
RTI application filed on : 05/08/2011 PIO replied : 24/09/2011, 24/10/2011 First appeal filed on : 06/10/2011 First Appellate Authority order : 03/11/2011 Second Appeal received on : 24/01/2012
ID nos. 3530, 3271, 3283, 3329, 3276, 618, 619, 621, 3267, 3521, 3761, 3706, 3760, 3707, 3779, 3716, 3718, 2777, 3275, 3277, 3269, Information Sought:
Information regarding following plots or nearby plots if under unauthorized construction:
1- 273C or abutting plot chanakya marg chazzu pur.
2- Plot near C-4725 Chazzzu pur (next to next).
3- Plot near 372 chazzzu pur, kidvai marg, 4- Plot in inside the gali no. 7 Subhash Park.
5- Plot near 9386 West Rohtash Nagar 6- Plot near 10714 Shbash Park, 7- 10882 Subash Park 8- Plot opp. Of 10537 Shop no. 1 (two plots) 9- Plot near 10492 Subash Park.
10- Plot near 1992 Ram Nagar 11- Plot opp. Of 1973 Ram Nagar M. S. Park 12- Plot bear 1449/30B (plot in the gali) 100 feet road Durga puri. 13- Plot on main road near this plot opp E-2 Durgapuri Main road 14- Plot at 100 feet road fail no. 6 Cblock Jyoti Nagar 15- Plot near 10714 Bubhash Park, 10882 Subhash Park, Plot opp. 10537 shop no. 1 (two plots) and near 10492 Subhashg Park.
16- Ploy near 1992 Ram Nagar 17- Plot opp of 1973 Ram Nagar, MS Park.
18- Plot near 1449/30B, Plot on main roaed near this plot opp. E-2 Durga Puri Main Road.Page 1 of 4
19- Plot at 100 feet road gali no. 6C Block Jyoti Nagar. 20- Plot opp of 132 Gali no. 13 Balbir Nagar Extension. 21- Plot no. 138 or plot near Gali no. 13 Balbir Nagar.
22- Plot in gali between gali no. 22 and Jafrabad Police Station. 23- Abutting plot of Bring Star Public School Gali no. 7, Krishana Gali, Mauz pur. 24- Plot no. 703 or abutting Vijay Park.
25- V-174 Gali no. 18 Vijay Pak.
26- C-11/111 and C/11/104 or abutting plot Yamuna Vihar 27- D-1, Main Road, Mauz Pur.
28- Abutting plot of 176-B Mauz Pur.
29- Plot opp, of 124/1, Ch. Brham Singh Market Mauz Pur. 30- Plot opp. Of B-13 North Chajju pur.
31- 22A mian kadam singh marg west jyoti nagar 32- B-14 West Jyoti Nagar.
33- E-61 or abutting plot Mansarovar Park; D-6 or abutting plot Mansarovar Park. 34- Plot near East Delhi Medical Center.
35- ID no. 3761 three properties at Shivaji Park mentioned in the RTI application. 36- ID no. 3706 four properties at Mauz Pur and Yamuna Vihar mentioned in the RTI application. 37- ID no. 3760 three properties at Naveen Shahadra mentioned in the RTI application 38- ID no. 3707 three properties at Mauz Pur mentioned in the RTI application 39- ID no. 3779 four properties at Naveen Shahdara and Subhash Park mentioned in the RTI application 40- ID no. 3716 property no. A-31/7, Mauz Pur.
41- ID no. 3718 three properties mentioned in the RTI application. 42- ID no. 2777 four properties at Ram Nagar mentioned in the RTI application. 43- ID no. 3275 four properties at Shivaji Park and Naveen Shahdara mentioned in the RTI application. 44- ID no. 3277 four properties at Naveen Shahdara mentioned in the RTI application. 45- ID no. 3269 properties near C-10/26 100 feet main road, Kabir Nagar. 46- ID no. 3272 four properties at Pancheel Park and Naveen Shahdara mentioned in the RTI application. 47- ID no. 4311 four properties at Bhola Nath Nagar mentioned in the RTI application dated 06/08/2011. 48- ID no. 3278 three properties at Ram Nagar mentioned in the RTI application dated 21/08/2011. 49- ID no. 3562 two properties at new Seelampur mentioned in the RTI application dated 08/11/2011. 50- ID 3991 four properties at Laxmi Nagar and Jagatpuri mentioned in the RTI application dated 03/08/2011. 51- ID 3893 two properties at Radhe Shyam Park mentioned in the RTI application dated 20/07/2011.
1.) Names of beat staff who were appointed since the plots were being constructed and the persons/SHO whose responsibilities was to inform to the MCD at initial stage of construction.
2.) The details and particulars of the report with exact address which police had forwarded to the land owning/maintenance agency and other concerned departments. If map sanctioned for construction of building then provide such documents thereby the police relied the construction is being carried out as per the sanctioned plan therefore report had not been forwarded to the MCD.
3.) Whether the police reported to the MCD about the extension of plot beyond the allotted land either by extending chazzans or encroachment on ground floor If not then provide under which direction of law extension of the said property had not been reported.
4.) What is the current status of plot and provide the copy of plot photo which was sent by PIO to MCD.
If no construction had taken place at the plot site then provide with the report sent by the department to the MCD.
5.) Provide the name of the police/MCD person who are liable to be prosecuted under section 217, 166, 119, 120B, and other relevant sections of IPC. If report of MCD had not been forwarded to the MCD by police or report from any source received by DC but proper action had not been initiated by the MCD.
6.) Under which section of law police is not filling whole details in the Colum of Performa before forwarding the report to MCD.
7.) Action and procedure initiated after receiving information of construction dated 31st July 2011 to the DCP North East and deputy commissioner of MCD as the construction is against MCD Act and under section 475 of MCD Act the duty of police to inform to the commissioner of MCD.
Page 2 of 48.) Provide following documents if police had not collected these documents from the constructor/MCD then forward the RTI application to MCD.
a) Certificate of JE in compliance of High Court directions in Kalyan Sanstha Social Welfare Organization v. Union of India & ors
b) Building plan register and register for watching construction.
c) Inspection report which was conducted by JE(7 days), AE (15 days), EE(30 days).
d) Reviewed inspection reports of Sup. Engineer which was prepared in two months and Dy Commissioner in three months.
e) Inspection notice which was given for commencement of work.
f) Fee receipt of Rs 15 that ensure construction work completed up to plinth level.
g) Inspection report of JE conducted ensuring that the construction up to the plinth level is as per sanctioned map.
h) Stacking Charge receipt.
And the name of the architect filed supervision undertaking for above mentioned properties with full details address and Ph nos.
Reply of the Public Information Officer (PIO):
Query No1 to 6: No unauthorized construction was found at plot 10/95 Top Floor, Vishnu Gali, Vishwas Nagar. An intimation letter had been sent to the MCD of the property mentioned at S:No 2 to 4. The copy of the same can be obtained from this office after payment of the requisite fees. The name of the beat officer is given in the form. Query 7 & 8: Not related and thus RTI application being forwarded to the PIO/MCD South Zone, Delhi.
Grounds for the First Appeal:
Incomplete and unsatisfactory information provided by the PIO.
Order of the First Appellate Authority (FAA):
The First Appellate Authority reiterated the claim of the PIO and disposed off the appeal.
Grounds for the Second Appeal:
Incomplete and unsatisfactory information provided by the PIO. The PIO is not maintaining record under section 4 of the RTI Act. The Appellant sent a mail to the dy commissioner of the police and dy commissioner of the MCD but the PIO had not informed about the action and procedure after receiving the mail.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr.Anil Dutt Sharma;
Respondent: Mr. Ravi Kant Gupta, AE(B) on behalf of Mr. A. K. Mittal, PIO & SE-I; and Mr. S. C. Chawla, AE(B-I);
The Appellant had filed an RTI application with the PIO of the Police Department who had provided certain information and transferred the RTI application to the PIO, MCD Shahdara North Zone for certain queries. The RTI application had been transferred to PIO MCD on 22/09/2011 and the PIO had stated that he could not identify the addressed provided by the Appellant. The Appellant shows that he had received information from PIO of the Police Department on 20/09/2011 that they had sent information about unauthorized construction being carried out at the same properties to MCD. The Appellant therefore states that the PIO had refused to provide the information on unauthorized construction despite having received information of this from the Police Department. It appears that despite the Police department sending intimation about unauthorized construction MCD has not taken any action and hence has not provided information sought by the appellant. The Respondent states that he will relate the Police Complaints with the RTI applications made by the Appellant provide the information on the queries sought by the Appellant before 30 June 2012. He states that since there 121 properties he will need this much time.
The appellant has sent submissions which are being attached with this order.Page 3 of 4
Decision:
The Appeal is allowed.
The PIO is directed to provide the information to the Appellant as promised by the Respondent before 30 June 2012.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 23 May 2012 (In any correspondence on this decision, mention the complete decision number.)(AD) Page 4 of 4