Central Information Commission
Mr. Satinder Singh Bawa vs Municipal Corporation Of Delhi on 19 January, 2010
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No.CIC/SG/A/2009/003079/6462
Appeal No. CIC/SG/A/2009/003079
Appellant : Mr. Satinder Singh Bawa
180, Lawyers Chamber Block-II
High Court of Delhi,
New Delhi
Respondent : Mr. A. K. Mittal
Public Information Officer & Superintending Engineer Municipal Corporation of Delhi, Rohini Zone, Sector-V, Rohini, Delhi-110085 RTI application filed on : 20/07/2009 PIO replied : 03/11/2009 First Appeal filed on (Remanded) : 18/09/2009 First Appellate Authority order : 13/10/2009 Second Appeal Received on : 18/11/2009 Notice of Hearing Sent on : 17/12/2009 Hearing Held on : 19/01/2010 Sl. Information Sought Reply of PIO a. Whether any permission had been ever granted by the No MCD permission was MCD/DDA/ Competent Authority to the owner of the flat granted. No. 28 C, Pkt-ED, Pitampura, Delhi to carry out the constriction of additional Flat on the terrace (common portion) of Flat no. said above. If the answer is in affirmative, supply copy of the said permission letter. b. Whether any permission has been ever granted by the MCD No MCD permission was to the owner/allottee of the flat said above to carry out the granted. construction of additional balcony. If the answer is in affirmative, supply copy of the said permission letter c. Whether any permission has been ever granted by the MCD/ No MCD permission was DDA to the owner/allottee of flat no. 28B, Pkt-Ed, granted. Pitampura, Delhi to carry out the construction of additional balcony. If the answer is in affirmative, supply the copy of the said permission letter.
d. The Name designation and other particulars of the MCD Presently, Shri S. U. official who was specifically deputed to visit and check Khan, AE & Shri Vinod unauthorized construction in the MIG flats, Pkt-Ed, Sharma, JE. Pitampura, Delhi( hereafter referred as the "Concerned official") e. The details of visits made in MIG flats, Pkt-ED, Pitampura, No detail available as the Page no. 1 of 4 Delhi by concerned official in the month of March , April, officials who worked Mau, Jun & July 2009 and copy of the office report/ notings before July 2009 have made by him on various dates. been transferred. f.(i) The copy of the communication made by MCD counsel It pertains to Law Deptt.
regarding the order dated 22/05/2009 passed by the High as all the legal
Court of Delhi in the above matter, to concerned zonal office proceedings regarding
of the MCD cases are dealt by the
Law Deptt.
(ii) The name and designation of MCD official who had been It pertains to Law Deptt.
deputed to comply the said order and make a status report to be filed in the above-mentioned W.P.No. 9171/2009
(iii) The details of visits made by the said MCD official on the Shri PK Chauhan, JE(B) terrace of MIG Flat No. 28 C, Pkt-ED, Pitampura, Del hot and presently Shir Vinod prepare the status report and office report/notings(along Sharma, JE(B) with photographs) made by him on various dates.
(iv) Whether the Status Report had been filed before High Court Yes the report had been of Delhi in the above said Writ Petition. filed. G(i) The name & designation of the MCD officials who visited Shir PK Chauhan, JE(B) ED Pkt. Pitam Pura on 22/06/2009 and copy of the official report/notings prepared by the said official regarding the action taken by him on 22/06/2009 during the visit at ED Pkt, Pitampura , Delhi
ii) The details of the police protection provided to the said Does not pertain to MCD official during his visit to ED Pkt, Pitampura on Building Deptt. It 22/06/2009. pertains to police deptt.
Details can be obtained
form the concerned
police station.
iii) The details to labours who accompanied he said MCD It pertains to
official during his visit to ED Pkt, Pitampura on 22/06/2009. Maintenance Deptt.
which provides labour
for demolition.
iv) How long the MCD officials remained on terrace of the top Approx. Two Hours.
floor No. 28C, Pkt-ED, Pitampura, Delhi.
v) the information regarding any resistance/obstruction caused No resistance was by the owner/allottee of the top floor flat No. 28C,Pkt-ED, reported. Pitampura, Delhi or by any other resident or by any official of RWA ED Pkt, Pitampura.
H If the said MCD official notice any unauthorized Action has already been construction on the terrace of the top floor flat NO. 28C, Pkt- taken by taking Ed, Pitampura, Delhi, then what penal action ahd been demolition action. The initiated under ht DMC Act 1957, against the owner/allottee papers can be obtained of the flat No. 28C, Pkt-ED, Pitampura, Delhi. The relevant by depositing the papers regarding the said action taken by the MCD prescribed fee. Grounds for First Appeal:
This matter was remanded by the commission vide decision no. CIC/SG/C/2009/001320/4872.
Order of the First Appellate Authority:
The PIO was directed to furnish the information as sought by the Appellant within 15 days.
Page no. 2 of 4 Grounds for Second Appeal:
Incomplete and misleading information.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Satinder Singh Bawa;
Respondent: Mr. A. K. Mittal, Public Information Officer & Superintending Engineer;
The appellant points out that in response to his query-(e) about the details of visits made by MCD Inspectors during March, April, June & July 2009, the PIO has stated that all the officers have been transferred and there are no records. The Appellant points out that Mr. Vinod Sharma had joined on 24 June 2009 and still continuing and hence the information provided by the PIO is false. The Appellant also points out that as per Ministry of Urban Development and Poverty Alleviation letter no. J-13036/3/96-DDIIB dated 28.8.2000 the following instructions had been given:
"(i)- All illegal construction should be demolished, not cosmetically but in toto.
(ii)- The cost of demolition should be recovered from the illegal builders within 15 days of demolition. In case of non-payment within 15 days, the amount due should be recovered as arrears of land revenue.
(iii)- In all cases of illegal constructions, prosecution should invariable be launched against builders under the Delhi Municipal Corporation Act, Delhi Development Authority Act, New Delhi Municipal Council Act, etc and the cases followed vigorously with the police authorities/ Courts.
iv) Wherever the property is on lease, action should be taken under the terms and conditions of lease agreement and lease re-entry effected within the shorted permissible period under the lease agreement. After re-entry, physical possession of the property should be taken by invoking the provisions of the Public Premises Eviction Act and damages collected immediately. The rates of damages, misuse charges should be the same as per the formula followed by the L&DO and approved by the Ministry of Urban Development.
v) In case of DDA flats, where construction has come up beyond the condonable limits, cancellation of allotment should be carried out in addition to the demolition of additional construction. Orders in respect of condonable and non condonable items are being issued separately.
vi) In cases, where after demolition, reconstruction is done, personal responsibility of the officer in charge should be fixed and departmental action taken against him.
vii) In cases wherein illegal construction has taken place in rural agricultural land, action under the Provisions of the Land Reforms Act, 1954, should also be taken and such lands should be take over as per provisions of Delhi Land Reforms Act. Action in this regard should be taken as soon as plots are cut by the colonizers and construction done in the shape of boundary walls, etc. In other words, construction should be nipped in the bud. If it comes up, it should be demolished immediately. Action in this regard should also be taken by the concerned local agencies/DDA as per the bye-laws pertaining to lay out/service plans etc.
viii) In all cases where party obtains stay/status quo orders, prompt action to get the stay order vacated should be taken and higher Court moved, wherever necessary.
ix) All Senior Field Officers should be asked to carry out physical inspection of the area under their charge and the Supervising Officer should also make surprise checks to ensure that the subordinate staff takes immediate action to check/demolish unauthorized construction. Deterrent action should also be taken against the subordinate staff such as Building Inspectors, Junior Engineers, Assistant Engineers, etc. who do not take prompt action.
Page no. 3 of 4
x) Field Officers should be asked to maintain diaries and submit them to the Supervisory Officer regularly."
Hence as per this all officers who carry out physical inspection of the area should maintain field diaries and submit them to the supervisory officer regularly as per subsection-(x) above. The respondent has informed the Commission that these diaries have not been maintained by the said officers. The Commission hopes that disciplinary actions may be taken against the officers who are not maintaining the diaries.
The PIO is directed to give a clear reply to query (f)(iii). The PIO is directed to give action taken report of Mr. P.K.Chauhan of the demolition action taken on 22/06/2009.
Before paring with this matter the Commission wonders whether the circular quoted above is being followed at all by MCD. It would be very good if MCD were to bring this circular to the attention of all its officers.
Decision:
The appeal is allowed.
The PIO is directed to give the information as directed above to the Appellant before 30 January 2010.
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 19 January 2010 (In any correspondence on this decision, mention the complete decision number.)Rnj Page no. 4 of 4