Central Information Commission
Anil Taneja vs Mcd on 21 March, 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/2023/652873
Anil Taneja .....अपीलकता/Appellant
VERSUS
बनाम
CPIO
MCD, Central Establishment
Department, E-Block, 22nd Floor
Dr. SPM Civic Centre, JLN Marg, .... ितवादीगण /Respondent
New Delhi-110002
Date of Hearing : 11.03.2025
Date of Decision : 21.03.2025
: Vinod Kumar Tiwari
INFORMATION COMMISSIONER
Relevant facts emerging from appeal:
RTI application filed on : 27.08.2023
CPIO replied on : Not on Record
First appeal filed on : 02.10.2023
First Appellate Authority's order : Not on Record
2nd Appeal/Complaint dated : 04.12.2023
Information sought:
The Appellant filed an RTI application dated 27.08.2023 (online) seeking the following information:Page 1 of 4
"I am writing this application under the Right to Information Act, 2005, seeking information pertaining to the complaints received, actions taken, and various details concerning the illegal parking mafia and footpath encroachments in the Nehru Place District Centre area.
1. Please provide detailed information on the complaints that your office received regarding the illegal parking mafia and footpath encroachments in the Nehru Place District Centre area over the past two years.
2. Please provide detailed information on the actions that your office, Municipal Corporation of Delhi (MCD), Delhi Development Authority (DDA), and the local police took following the complaints and pleas from the residents regarding the illegal parking mafia and footpath encroachments in the said area.
3. Please provide detailed information on the FIRs registered against the illegal parking mafia and their kingpins, where provisions of the Public Property (Prevention of Damage) Act, Indian Penal Code (IPC), and the Code of Criminal Procedure (CrPC) were invoked.
4. Please provide detailed information on the steps your office took to prevent further encroachments and promptly address any violations in the Nehru Place District Centre area.
5. Please provide detailed information on the regular patrolling and monitoring carried out to prevent further encroachments in the said area.
6. Please provide detailed information on the collaborative efforts between MCD, DDA, and local police to curb the menace of illegal parking and footpath encroachments in the Nehru Place District Centre area.
7. Please provide detailed information on the renovation efforts made to improve public property in Nehru Place and how these efforts were affected by the activities of the illegal parking mafia.
8. Please provide detailed information, duly marked in green color and clearly marking the beginning and end of the parking limit of the site in red color on a layout map, on the authorized parking details building-
wise, including the area allocated and the duration for which it was given."
Page 2 of 4The CPIO's reply is not on record. Being dissatisfied, the appellant filed a First Appeal dated 02.10.2023. The FAA's order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent Respondent: Shri Sunil Barthwal, Junior Secretariat Assistant, Central Establishment Department (CED), MCD; Shri Naveen Kumar, Assistant Commissioner; and Shri Vinay Kumar, Admn. Officer, RPC, MCD, New Delhi appeared in person.
The respondent while defending their case inter alia submitted that neither the RTI application nor the first appeal were received by them, hence, reply to the same could not be provided to the appellant. The respondent stated that they had received the RTI application and necessary documents along with hearing notice of the Commission. Perusal of the RTI application reveals that the information sought by the appellant exclusively related with the O/o the Remunerative Project Department, MCD and Licensing department of South Zone. Therefore, they forwarded the RTI application to the O/o the PIO, Remunerative Project Department, MCD and Licensing department of South Zone with a request to provide information to the appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of the records, noted that neither the RTI application nor the first appeal were received by them, hence, reply to the same could not be provided to the appellant. The respondent submitted that the information sought by the appellant exclusively pertained to the PIO, Remunerative Project Department, MCD and Licensing department of South Zone hence, the same was forwarded to them for necessary action.
In view of the above and in the absence of the concerned PIO, the respondent is directed to take all necessary steps to procure the available information as sought for in the RTI Application from the concerned PIO by invoking Section Page 3 of 4 5(4) of the RTI Act and provide the same to the Appellant within four weeks from the date of receipt of this order.
The First Appellate Authority 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:
FAA MCD, Central Establishment Department, E-Block, 22nd Floor, Dr. SPM Civic Centre, JLN Marg, New Delhi-110002 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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