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Munnalal vs Mcd on 17 July, 2025

                             के ीय सूचना आयोग
                       Central Information Commission
                          बाबा गंगनाथ माग, मुिनरका
                        Baba Gangnath Marg, Munirka
                        नई िद ी, New Delhi - 110067


File No: CIC/MCDND/A/2024/104912

Munnalal                                                .....अपीलकता/Appellant

                                        VERSUS
                                         बनाम


PIO,
Office of the Assistant
Commissioner, Municipal
Corporation of Delhi, Keshav
Puram Zone, A-1 Block,
Keshav Puram, Delhi - 110035                          .... ितवादीगण /Respondent

Date of Hearing                     :    03.07.2025
Date of Decision                    :    16.07.2025

INFORMATION COMMISSIONER :               Vinod Kumar Tiwari

Relevant facts emerging from appeal:

RTI application filed on            :    10.08.2023
CPIO replied on                     :    26.10.2023
First appeal filed on               :    27.09.2023
First Appellate Authority's order   :    30.10.2023
2nd Appeal/Complaint dated          :    12.02.2024

Information sought

:

1. The Appellant filed an RTI application dated 10.08.2023 (offline) seeking the following information:

"1) At property C-13 Demolish My teen Sat on 23.02.23 by Pradeep Ahlawat (LI) and I want asked that which other Department involved to Page 1 of 4 Demolish My Teen Sat and rickshaw and other item take with him. Give me details.

2) I want asked that my Teen Sat Demolish from which order hi was come and other item I requested give order copy.

3) At C-13 which step he taken place. Give me the procedure copy here enclosed with. MCD Department."

2. The CPIO furnished a point-wise reply to the Appellant on 26.10.2023 stating as under:

"1. Joint demolition action was taken by Licensing & DEMS department on the direction of DPCC. You can get details of seized Items from the department after depositing Rs. 2/- per copy.

2. Pertains to DPCC.

3. Action was taken on the direction of DPCC."

3. Being dissatisfied, the appellant filed a First Appeal dated 27.09.2023. The FAA vide its order dated 30.10.2023, held as under:

"Sh. Munna Lal appeared before the undersigned and during the course of hearing, he informed that no information/response has been received till date hence, he preferred the appeal.

AC/KPZ, PIO is hereby directed to provide the complete information to the appellant within 10 days of receipt of this order.

Now, therefore, the appeal is hereby disposed off."

4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.

Relevant Facts emerged during Hearing:

The following were present:-

Appellant: Not Present.

Respondent: Shri Sharad Yadav, Administrative Officer & APIO and Shri Ravi Kumar, UDC present in person.

5. The Respondent while defending their case inter-alia submitted that vide their letter dated 26.10.2023, point-wise reply/information was provided to the Appellant. Upon being queried by the Commission, as to whether the order of the FAA is complied with, the Respondent has no explanation in this regard.

6. The Commission also noted that proof of having served a copy of his Second Appeal on the Respondent has not been uploaded by the Appellant while filing the same before the Commission. On a query, the Respondent confirms non-service.

Decision:

7. The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the Appellant in his second appeal is aggrieved that no information was provided to him by the Respondent till date.

8. The Commission observes that the FAA vide its order dated 30.10.2023 had specifically given directions to the PIO to provide information on record to the Appellant.

9. There is nothing on record to show that any reply was given to the Appellant on his RTI application in compliance to the directions given by the First Appellate Authority. It shows mala fide intent of the PIO in obstructing the information under the RTI Act.

10. In view of the above observations, the Commission directs the Respondent to provide complete updated point-wise reply/information sought in the above-mentioned RTI application to the Appellant as per the directions given by the FAA. If the information sought pertains to some other PIO, then the Respondent is directed to take assistance under Section 5(4) of the RTI Act to collect information, from the concerned PIO, as sought in the RTI application and provide reply/information to the Appellant, failing which to show-cause within this period as to why maximum penalty should not be imposed under the RTI Act.

11. The aforesaid directions shall be complied with by the PIO within four weeks from the date of receipt of this order.

12. The FAA is directed to ensure compliance of this order.

The appeal is disposed of accordingly.

Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:

The FAA, Office of the Deputy Commissioner, Municipal Corporation of Delhi, Keshav Puram Zone, A-1 Block, Keshav Puram, Delhi - 110035 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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